Trials Flashcards
Key elements of what happens before, during and after a trial.
. Key elements of what happens before, during, and after a trial:
Before the Trial:
Pre-trial procedures: This includes pleadings, discovery of evidence, and possibly plea negotiations or committal hearings (for serious criminal cases).
Preparation: Both sides get their witnesses, evidence, and arguments ready.
During the Trial:
Opening Statements: Each side (prosecution and defence) explains their case to the judge and jury.
Presenting Evidence: Witnesses are called, and evidence is shown to support each side’s case.
Cross-examination: Lawyers ask the other side’s witnesses questions to test their credibility.
Closing Statements: Both sides summarize their arguments.
Judge’s Instructions: The judge explains the law to the jury (if there is one) and how to apply it to the case.
Verdict: The jury (or judge in a judge-only trial) decides if the defendant is guilty or not guilty (in criminal cases) or liable (in civil cases).
After the Trial:
Sentencing (criminal cases): If found guilty, the judge decides the punishment.
Appeals: The losing party may appeal to a higher court if they believe there was a legal error in the trial.
What is the purpose of a trial?
Resolve disputes: By determining the truth and applying the law.
Ensure justice: By giving both sides a fair chance to present their case.
Uphold the law: Through a fair process where a judge (and sometimes jury) decides if someone broke the law or is responsible for harm.
What are the main reasons we like to avoid trials?
Trials are time-consuming: They can take a long time to prepare and complete.
They are expensive: Lawyers, court costs, and expert witnesses can be costly.
Stressful for everyone: Going to trial can be emotionally and mentally tough for both parties.
Uncertainty: Trials are unpredictable, and there’s no guarantee of winning, even if you believe you have a strong case.
