Steps in Trial Ch.7

Question 1

What are the steps in a trial

Answer 1

1. Plaintiff’s opening statement
2. Plaintiff’s case in chief
3. Defendant’s opening statement
4. Defendant’s case in chief
5. Request for instructions to the juror
6. Final arguments
7. Instructions to the jury
8. Jury’s verdict
9. Courts judgment or decree
10. Appeal
11. Execution (civil cases) or sentencing (criminal cases)

Question 2

What’s in the opening statement

Answer 2

1. Plaintiff’s attorney tells the jury (or judge in a nonjury trial) what the evidence will prove
2. Must set forth a prima facie case (be legally sufficient as proof of the case unless rebutted by contrary evidence)

Question 3

In plaintiff’s case in chief what are the several types of evidence

Answer 3

1. Admissible evidence
2. Relevant evidence
3. Not all relevant evidence is admissible (hearsay)

Question 4

Define admissible evidence

Answer 4

pertinent and proper

Question 5

Define testimonial evidence

Answer 5

Oral testimony of a witnesses made in open court under oath

Question 6

Define documentary evidence

Answer 6

Written contracts, business records, wills, etc

Question 7

Define DNA sample

Answer 7

Biologic evidence used for DNA analyzing

Question 8

In plaintiff’s case what are the different types of examination

Answer 8

1. Direct examination
2. Cross-examination
3. Redirect examination
4. Recross examination

Question 9

Define redirect examination

Answer 9

Is requisitioning your witness after they have been cross-examined by the opposing party

Question 10

Define motion for a directed verdict

Answer 10

Asking court to find in favor of defendant without giving the case to the jury

Question 11

Define closing arguments (summation)

Answer 11

The attorneys for each side summarize the evidence (and its significance to their own side) that has been introduced in their party’s favor

Question 12

Define instructions to jury

Answer 12

1. Instructions to the jury (jury charge) the judge informs the jury of laws or legal standards that must be applied in reaching a verdict.
2. Jury then deliberates on the facts and law of the case (In highly publicized cases, juries are sometimes sequestered)

Question 13

Define sequestered

Answer 13

Isolated from society during deliberations

Question 14

What are the different types of verdict

Answer 14

1. Criminal cases in federal cases, unanimous verdicts are required or a mistrial (invalid trial) is called new trial may be held.
2. Civil cases not all verdicts must be unanimous, and supreme majority verdicts (5/6 of jurors must agree) are permitted in some states

Question 15

What is pulling the jury in a verdict

Answer 15

Asking individual jurors whether they agree with the verdict given by the jury foreperson

Question 16

Define judgment or decree

Answer 16

Judgment (adjudication) decision issued by the court following the jury’s verdict

Question 17

Judgment is the act of the trial court finally adjudicating (determining)

Answer 17

The rights and liabilities of the parties

Question 18

When is a case ripe for judgment

Answer 18

When it is complete except for the court’s decision

Question 19

What are the different types of judgments

Answer 19

1. Judgment on the merits
2. Judgment on the pleadings
3. Judgment notwithstanding the verdict (judgment n.o.v.)

Question 20

Define judgment notwithstanding the verdict (judgment n.o.v.)

Answer 20

Issued if the court believes the jury’s verdict is contrary to law

Question 21

Define decree

Answer 21

Decision of a court of equity (court administrating justice according to a system of equity or fairness) that grants relief where no adequate remedy at law exists

Question 22

Define the types of decree

Answer 22

1. Injunction
2. Preliminary injunction
3. Consent decree

Question 23

Define Preliminary injunction

Answer 23

Issue before hearing of the case to prevent injustice

Question 24

What are the different kinds of parties to an appeal

Answer 24

1. Appellant-party bringing an appeal
2. Appellee (respondent or defendant in error)-party against whom an appeal is brought
3. Criminal cases-in federal cases, unanimous verdicts are required or a mistrial (invalid trial) is called and new trial may be held

Question 25

Defined appeal bond

Answer 25

An appellant is often required to post it to guarantee the payment of damages and the cost of an appeal

Question 26

Defined appellate court actions

Answer 26

Review decisions of lower courts

Question 27

An appellate court decisions may be

Answer 27

1. affirm the decision
2. Reverse or set aside the decision
3. Vacate the decision
4. Remand the case to lower courts for further proceedings

Question 28

Define vacate

Answer 28

annul decisions