Procedures at Trial

Question 1

• A document written by the plaintiff’s lawyer that lays out the facts according to the plaintiff
• Formally filed with court and copy is served to defendant

Answer 1

Complaint

Question 2

• Motion filed by defendant if they don’t believe the plaintiff’s complaint states facts that don’t show a good legal claim
• Asks to have case dismissed for failure to state a claim where relief can be granted
• Judge determines whether this is true and decideds if case should be dismissed

Answer 2

Motion to Dismiss or Demurrer

Question 3

• Document filed by the defendant, taking a position/arguing against the plaintiff’s claims
• Will usually dispute the plaintiff’s claims

Answer 3

Answer

Question 4

• Parties gather information about underlying claims
• Limited to gathering information from the parties
• Can also gather information from others who know about event

Answer 4

Discovery

Question 5

• Assumes all facts stated in complaint are true but argues that complaint fails to show a good legal claim
• If it is shown that (1) there’s no dispute about the important facts and (2) based on the undisputed facts, the law compels judge to rule on behalf of the defendant, the motion is granted

Answer 5

Motion for Summary Judgment

Question 6

Parties file briefs or motions to have judge exclude certain evidence and decide whether certain legal rules will apply

Answer 6

Pretrial Briefs and Motions in Limine

Question 7

• Potential jurors questioned by judge and sometimes even lawyers in order to determine if they can be on the jury
• Looking for any potential biases on the issues at hand or about one of the parties

Answer 7

Selection of Jury

Question 8

• Lawyer states client’s case, giving preliminary view of the testimony
• Not an argument
• Plaintiff’s lawyer, then the defendant’s lawyer

Answer 8

Opening Statements

Question 9

• Portion where plaintiff presents case
• Brings forward witnesses to be questioned by both lawyers

Answer 9

Plaintiff’s Case

Question 10

• Asserts that the proof brought forward by plaintiff is legally insufficient for jury to vote in plaintiff’s favor
• Happens after plaintiff’s case and again after defendant’s case
• Judge decides if motion should be sustained after considering evidence most favorable to plaintiff

Answer 10

Motion for Directed Verdict

Question 11

Portion where defendant presents case and brings forward own witnesses

Answer 11

Defendant’s Case

Question 12

• During trial, parties have opportunity to object to evidence presented by other side
• Evidence deemed not relevant to proving any element of the case should be excluded by judge (especially in situations where evidence is likely to mislead jury or is prejudicial)
• Rulings to allow evidence to be admitted based on specific principle of law

Answer 12

Objections to Evidence and Offers of Evidence

Question 13

• Lawyers present final arguments–not restating of facts–that are aimed at persuading jury that their side should be believed
• Based around testimonies given
• Plaintiff’s lawyer, then defendant’s lawyer, and then plaintiff’s lawyer can give a rebuttal

Answer 13

Closing Arguments

Question 14

• Instructions given to the jury by the judge
• Tell jury what they have to consider and what facts must be found in order for one side to win
• Instructions must state law accurately to jury
• Lawyer expected to actively object to instructions they feel are incorrect statements of law and propose instructions of their own
• Judge listens to objects and proposed instructions and determines what to tell jury

Answer 14

Proposed Jury Instructions and Objections to Them

Question 15

Jury considers whether evidence meets legal rules that judge tells them and reaches verdict on the plaintiff’s claim and must decide on appropriate remedy

Answer 15

Jury Verdict

Question 16

• Renewal of motion for directed verdict
• Asserts that evidence isn’t legally sufficient to justify jury verdict in favor of plaintiff
• Judge unwilling to grant directed verdict before jury reaches decisions might be more willing to grant motion after verdict is reported
• Judge may have thought jury would rule one way but rules another

Answer 16

Motion Judgment Notwithstanding the Verdict (JNOV)

Question 17

• Either lawyer may file motion for a new trial if they believe error(s) were made during the first trial
• Unique second kind of motion for new trial exists
• Asks judge for new trial because verdict is against the weight of evidence or because damages awarded were unconscionably high or low

Answer 17

Motion for New Trial