Chapter Seventeen The Trial. Introduction to Law, 4 th Edition Hames and Ekern © 2010 Pearson Higher Education, Upper Saddle River, NJ 07458. All Rights

Chapter Seventeen

The Trial

Introduction to Law, 4th EditionHames and Ekern

© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights

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Trial Participants Judge Plaintiff’s Attorney Defendant’s Attorney Court Reporter Court Clerk Jury Court Deputy/Bailiff



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Pre-Trial Motions

Motion for Summary Judgment/Adjudication May be on all issues, or just a few. Those issues not included/adjudicated in motion remain for trial.

Motions in Limine Evidentiary issues Amending the complaint Trial procedure issues Etc.



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The Trial Brief

A written document that might contain a summary of the facts, issues, rules and analysis used by a court and a comparison with a client’s facts



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Jury Selection(some vocabulary)

Jury Questionnaire Jury Panel Voir Dire Excused for Cause Peremptory Challenge



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Burden of Proof(civil case)

The burden of proof is on the Plaintiff

The Plaintiff must prove: that a civil wrong was committed and

that a preponderance of the evidence shows that the defendant is liable for that wrong



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Burden of Proof(criminal)

In a criminal case, the prosecutor must prove:1. that a crime has been committed and

2. that the evidence shows that the defendant is guilty beyond a reasonable doubt.



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Plaintiff’s Role at Trial Opening Statement

Examination of Witnesses

Redirect Examination

Cross-Examination

Closing Argument



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Defendant’s Role at Trial Opening Statement

Cross-Examination

Examination of Witnesses

Redirect Examination

Closing Argument



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Motions During Trial

Mistrial Motion for Nonsuit (on all or some of the claims) Defendant is only party able to bring this motion

Motion for Directed Verdict (either party) Voluntary dismissal Amend pleadings to conform to proof Recess/continuance Reopen Case in Chief Contempt



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Jury Instructions

Jury instructions provide jurors with the law applicable to the claims and defenses presented in a particular case. The jury is then bound to accept and apply this "law" to the facts (as it determines from the evidence) in arriving at a verdict.



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Jury Deliberations

Deliberations take place in private

Sometimes juries are sequestered

In most cases the jury reaches a decision

Once the jury reaches a verdict, the court reconvenes

Documents

Chapter Seventeen The Trial. Introduction to Law, 4 th Edition Hames and Ekern © 2010 Pearson Higher Education, Upper Saddle River, NJ 07458. All Rights