Trial Structure (Ch. 4)

Question 1

motions in limine

Answer 1

pretrial motions (doesn’t refer to a specific subject, just when they happen)

Question 2

motion to suppress

Answer 2

asking for certain evidence to NOT be admitted?

* not arguing that admitting the evidence will violate the FRE, but claiming that the evidence was illegally obtained

Question 3

What is jury selection often also known as?

Answer 3

voir dire - “to tell the truth” or “to give a true verdict”

Question 4

Who goes first during opening statements?

Answer 4

The party who bears the burden of proof

• civil - plaintiff
• criminal - state/prosecutor

Question 5

T/F: Opening statements are evidence

Answer 5

False

Question 6

What can a lawyer use during opening statments?

Answer 6

• demonstrative evidence

- CANNOT use witnesses

Question 7

Can a judge influence the order of evidence?

Answer 7

Yes, see rule ??

Question 8

What (should) happen at the close of the plaintiff’s/prosecution’s case?

Answer 8

Civil: judgment as a matter of law
Criminal: ??

Question 9

Why do JML and ??? usually fail?

Answer 9

The judge doesn’t want to take the decision away from the jury. Hope jury will make the right decision, if not, there are post-trial options.

Question 10

Can you object during opening statements?

Answer 10

Yes, but considered VERY rude.

Question 11

Advantages of motions in limine

Answer 11

• allows court to rule before trial - helps you know what evidence will/wont be allowed - strategy
• don’t have to argue in front of jury