Court Procedures

Beyond a Reasonable Doubt

Criminal

95% guilty

Preponderance of the Evidence

Civil

51%/more likely than not

Lower burden due to only money being at stake

Clear and Convincing

75% likely to be at fault

Deals with the defendant’s license (Doctor, bar, etc.)

Discovery

1) Exchange of Information

• Both sides share information that they found for the trial (Evidence, affidavits, etc.)

• Neither side should be blindsided

2) File Motion for Depositions

• Motion: Request for the court to do something

• Deposition: Questions under oath

3) File Motion for Interrogatories

• Interrogatories: Written questions written by one side for the other sides witnesses to answer

4) File All Other Motions

Nolo Contendre

Nolo Contendere is a Latin legal term meaning "I do not wish to contend." It is a plea where the defendant neither admits nor denies the charges, resulting in a conviction without a formal admission of guilt.

File Clerk

• State Attorney Office

• Reviews Cases

• Decides appropriate charge after PC hearing

Voir Dire

Voir Dire is a process in jury selection where attorneys question potential jurors to determine their suitability for a trial.

1) Judge’s Questions

2) Lawyer’s Questions

3) Two Ways to Remove a Juror

• Peremptory Challenges

• Challenge for Cause

4) Swear of Jury

0401 - Relevance

• Stops gossip, innuendo, etc., unless useless for trial

• If the evidence helps the jury reach a verdict, then the evidence is admissible

• Failed due to people convincing the judge that ANYTHING was going to help the jury reach a verdict

0403 - Balancing Test

• Probative value test evaluates the helpfulness of a piece of evidence