Chapter Seventeen The Trial

Introduction to Law, 4 th Edition Hames and Ekern © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 2 Trial Participants  Judge  Plaintiff’s Attorney  Defendant’s Attorney  Court Reporter  Court Clerk  Jury  Court Deputy/Bailiff

Introduction to Law, 4 th Edition Hames and Ekern © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 3 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.

Introduction to Law, 4 th Edition Hames and Ekern © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 4 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

Introduction to Law, 4 th Edition Hames and Ekern © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 5 Jury Selection (some vocabulary) Jury Questionnaire Jury Panel Voir Dire Excused for Cause Peremptory Challenge

Introduction to Law, 4 th Edition Hames and Ekern © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 6 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

Introduction to Law, 4 th Edition Hames and Ekern © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 7 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.

Introduction to Law, 4 th Edition Hames and Ekern © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 8 Plaintiff’s Role at Trial Opening Statement Examination of Witnesses Redirect Examination Cross- Examination Closing Argument

Introduction to Law, 4 th Edition Hames and Ekern © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 9 Defendant’s Role at Trial Opening Statement Cross- Examination Examination of Witnesses Redirect Examination Closing Argument

Introduction to Law, 4 th Edition Hames and Ekern © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 10 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

Introduction to Law, 4 th Edition Hames and Ekern © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 11 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.

Introduction to Law, 4 th Edition Hames and Ekern © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 12 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