Module 8: The Trial Stage

do most cases make it to trial?

do most cases make it to trial?

NO

What is a jury?

• fact finding body

• determines which testimony is believable and have most proof

what is a fact finding body?

consider evidence and determine what really happened during key events that led to trial in the first place

What are some criticisms of the jury system?

1. jurors lack experience/training to sift through evidence, weight, and make careful decisions

2. untrained and inexperienced, likely easily influenced by sympathies or rhetoric of highly skilled attorney

3. rules of procedure adn evidence lengthen adn complicate lawsuits only there to accommodate untrained & inexperienced fact-finding body

4. some types of cases are too complex factually and legally for jurors

What are some supporting points of the jury system?

1. general experience with “living” is enough to serve and decide average case than having special training or experience

2. juries serve as check on power of judicial branch

3. Direct input of community values into legal system

4. force attorneys to simplify the case

What is voir dire?

• preliminary questioning of prospective jurors

• ask about biases; figure out what the jurors are like and if they are fair and if they vote for their side

what is challenging for cause?

• person not capable at making impartial decisions (business associations, financial interest, bias, etc.)

• no limit on how many prospective jurors can be removed

What are preemptory challenges?

• striking a juror for NO reason except for discriminatory reason

• very difficult to prove

• limited number

What is burden of proof?

duty to prove facts alleged in complaint

What is preponderance of evidence?

plaintiff has to convince fact-finder that it is “more likely than not” that each of its allegations is true

Order of opening statements and presentation of evidence

1. plaintiff attorney

2. defendant’s attorney

how does direct work?

• witness called to testify in court by plaintiff’s attorney (plaintiff witness)

• open ended

How does cross examination work?

• each of plaintiff’s witness testifies, then defendant’s attorney does a cross examination of witness

• yes/no questions

how does redirect work?

after plaintiff evidence presented, defendant can present their own evidence

what does irrelevant (relevancy) test?

• if the information is relevant to teh case

what is hearsay

• second hand information (from others rather than personally experiencing) is not as reliable as first hand

  • 2nd < 1st

what is opinion?

• witness asked for or volunteers information they believe to be true but is not based on their personal knowledge

• only experts!

What is motions for directed verdict

• trial ends at halftime between plaintiff’s and defendant’s presentation of evidence

• assertion that plaintiff’s evidence on +>1 required elements of its case is either nonexistent or so weak that there is no genuine issue of disputed fact

• if motion granted, defendant wins without having to present evidence

• If denied, defendant presents case as usual; doesn't lose anything; most time denied

what is a charge?

• core instructions

• give jury legal framework for performing its job

what is a general charge?

• outline/explain relevant legal principles for jury

• asks to decide relevant fats and reach verdict either for plaintiff or defendant

• question to jury on who wins

what is a special charge?

• series of questions to jury related to disputed facts and yes/no answer

example of jury’s verdict

civil case where plaintiff wants money, jury decides how much money

when does judgment enter by judge?

• if jury fails to reach verdict, case presented again to new jury

• usually, jury returns verdict and judge enters formal judgment

• judge sometimes refuse recognize irrational verdict; losing party wants to keep fighting appeal case to higher court

what is writ of execution?

• defendant does not pay valid judgment, plaintiff ask court to issue writ of execution

• allows law enforcement official to seize defendants nonexempt property and sell at auction until enough money raised to satisfy judgment

what is writ of garnishment?

• orders a 3rd party holding property belonging to defendant to deliver property to custody of the court

• also issued against 3rd party who owes debt to defendant; 3rd party pays off debt to plaintiff instead of defendant

what is garnishment of wages?

defendants employer pay specified percentage of defendants wages/salary to plaintiff until judgment fully paid