© 2006 Pearson Education, Upper Saddle River, NJ, All Rights Reserved.Hames/Ekern: Introduction to Law, 3 rd edition Chapter Seventeen The Trial

© 2006 Pearson Education, Upper Saddle River, NJ, All Rights Reserved.Hames/Ekern: Introduction to Law, 3 rd edition Trial Participants Judge Plaintiff’s Attorney Defendant’s Attorney Court Reporter Court Clerk Jury Court Deputy/Bailiff

© 2006 Pearson Education, Upper Saddle River, NJ, All Rights Reserved.Hames/Ekern: Introduction to Law, 3 rd edition 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

© 2006 Pearson Education, Upper Saddle River, NJ, All Rights Reserved.Hames/Ekern: Introduction to Law, 3 rd edition Jury Selection (some vocabulary) Jury Questionnaire Jury Panel Voir Dire Excused for Cause Peremptory Challenge

© 2006 Pearson Education, Upper Saddle River, NJ, All Rights Reserved.Hames/Ekern: Introduction to Law, 3 rd edition 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

© 2006 Pearson Education, Upper Saddle River, NJ, All Rights Reserved.Hames/Ekern: Introduction to Law, 3 rd edition 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.

© 2006 Pearson Education, Upper Saddle River, NJ, All Rights Reserved.Hames/Ekern: Introduction to Law, 3 rd edition Plaintiff’s Role at Trial Opening Statement Examination of Witnesses Redirect Examination Cross- Examination Closing Argument

© 2006 Pearson Education, Upper Saddle River, NJ, All Rights Reserved.Hames/Ekern: Introduction to Law, 3 rd edition Defendant’s Role at Trial Opening Statement Cross- Examination Examination of Witnesses Redirect Examination Closing Argument

© 2006 Pearson Education, Upper Saddle River, NJ, All Rights Reserved.Hames/Ekern: Introduction to Law, 3 rd edition Jury Instructions Jury instructions are the directions read to the jury by the judge, they simplify the law applicable to the case

© 2006 Pearson Education, Upper Saddle River, NJ, All Rights Reserved.Hames/Ekern: Introduction to Law, 3 rd edition 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