The Trial - Part C

Question 1

exhibits

Answer 1

whether admitted or excluded need to be marked and tagged and initialed by the judge to be part of the record

Question 2

instructions

Answer 2

the judge must mark them as given or refused and initial the instructions to be part of the record

Question 3

what are the (2) methods for getting in excluded evidence into the record for appellate review:

Answer 3

1) outside the presence of the jury, counsel makes a proffer of what it is believed the excluded testimony will say, and the other side does not object to the accuracy of the summary; or
2) if the other side objects to the proffered evidence, the witness may be permitted to answer the question outside the presence of the jury

Question 4

jury misconduct in the jury room

Answer 4

generally, jurors cannot be called to testify about the jury’s misconduct in the jury room

however, jurors can be called to testify about information or circumstances that happened outside the jury room and its effect on the juror’s deliberations (the mere fact that misconduct occurred does not mean a new trial must be granted)

Question 5

is it proper for one side to interject that the defendant is insured

Answer 5

no, unless an expert employed by the defendant’s insurance company, and who has received significant income from that insurance company, may be questioned about how much he has been compensated by the insurance company

this warrants a cautionary instruction

Question 6

the golden rule argument

Answer 6

it is improper to argue “treat my client the way you would like to be treated if you had been injured” this can result in a mistrial

Question 7

what is a motion to strike the evidence

Answer 7

challenges the sufficiency of the other side’s argument

Question 8

what is the standard for a motion to strike the evidence [know this word for word]

Answer 8

the court views the evidence in a light most favorable to the non-moving party, and decides whether any reasonable fact-finder could find in favor of the moving party

IT IS NOT ENOUGH EVIDENCE FOR THE CASE TO GO TO THE JURY

Question 9

when can a motion to strike the evidence be made

Answer 9

-the def when the plaintiff rests his case
-the def after both sides have rested
-the plaintiff after the def rests

Question 10

what gets applied when deciding a motion to strike the evidence (2)

Answer 10

-the moving party is deemed to have admitted for purposes of ruling on the motion that the other side’s evidence is true; and
-the non-moving side is entitled to any reasonable inferences from the evidence

Question 11

motion to strike the evidence and preservation for appeal

Answer 11

even if it is overruled when making it after plaintiff rests, def must make it again restating the grounds after they have rested. the first motion will not preserve the issue for appeal