1. Summary Slide Trial Procedures Alternative Dispute Resolution
PLEADINGS
Writing a Complaint
Methods of Discovery
Interrogatories
deposition
Pretrial hearing

2. Summary Slide (cont.) Jury Selection Jury duty
Eligibility for Jury Duty
The Litigation Process
Opening statements

3. Trial Procedures
Chapter 2.2

4. Alternative Dispute Resolution
MEDIATION
ARBITRATION
MED-ARB
ADR VIDEO CLIP

5. The Litigation Process
Commencing an Action 2
Avoid Litigation 1 3
Trial Prep 4
Trying the Case 5
Executing a Judgement

6. PLEADINGS

7. CIVIL VS CRIMINAL CIVIL Offense against an individual Compensation
$ reward
CRIMINAL
Offense against society
Punishment
Jail time

8. PLEADINGS Papers filed with the court by the plaintiff & defendant.
Complaint
Filed by plaintiff
Answer
Response by the defendant

10. IN THE CIRCUIT COURT FOR BALTIMORE CITY, MARYLAND
JOHN RUNDLETT, INC - Plaintiff Donald POSNER - Defendant * * * * *          CASE NO. 24-C * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * COMPLAINT
      Plaintiff, John Rundlett, by his undersigned counsel, sues Defendant Donald Posner and, in support, states as follows:
COUNT I: NEGLIGENCE
Plaintiff John Rundlett is a resident of Baltimore City, Maryland.
Defendant Donald Posner is a resident of Anne Arundel County, Maryland.
On or about March 10, 2001, Bosley was operating a Bobcat backhoe (“the Bobcat”) on his property at 644 Snail Drive in Glen Burnie, Maryland.
The Bobcat was stuck and Bosley was unable to move it forward. Bosley called to Plaintiff to ask him for assistance. Plaintiff surveyed the land on which the Bobcat sat and was unable to determine why the Bobcat was stuck.
Plaintiff began to walk back to his property. Moments later, the Defendant, operating the Bobcat in a negligent and careless manner, hit the Plaintiff without warning, pining him up against an automobile, causing Plaintiff severe injury.
At all times herein mentioned, Plaintiff was acting in a reasonable, prudent manner.
It was the duty of the Defendant to use due care to watch where he was driving, to maintain a proper lookout, to reduce speed to avoid an accident, to maintain a proper distance between his vehicle and the Plaintiff, and to control his vehicle in order to avoid a collision.
Defendant breached that duty of due care by failing to use due care by watching where he was driving, failing to maintain a proper lookout, failing to reduce speed to avoid an accident, failing to maintain a proper distance between his vehicle and the Plaintiff, and failing to control his vehicle in order to avoid a collision with Plaintiff.
As a direct and proximate result of the negligence of the Defendant, Plaintiff has suffered physical injuries and mental anguish. Plaintiff has incurred expenses for medical care and treatment, medicines, nursing services, physical therapy, and other types of medical related attention. Plaintiff also has lost wages and will continue to lose such wages in the future. Plaintiff continues to suffer physical pain and discomfort from this accident, including a broken wrist that will not heal and two herniated discs at C4-C5 and C5-C6 that will require surgery. All the above damages were directly and proximately caused by the aforementioned negligence of the Defendant and were incurred without contributory negligence or assumption of the risk on the part of the Plaintiff. Plaintiff also did not have the opportunity to avoid this accident.
      WHEREFORE, the Plaintiff demands judgment against the Defendant for TWO MILLION DOLLARS ($2,000,000.00) plus interests and costs for Count I of Plaintiff’s Complaint.
DEMAND FOR JURY TRIAL
Plaintiff demands a trial by jury.
  Respectfully submitted,
MILLER & ZOIS, LLC

11. Writing a Complaint

12. Methods of Discovery Why do we have methods of discovery?
Depositions – info outside court
Interrogatories- written ?’s
Request for documents and evidence
Case Settled or goes to trial

13. Introduction of Evidence
DOCUMENTS –contracts, sales slips, letters,
PHYSICAL OBJECTS-weapons,
photos, items from a crime scene
WITTNESS TESTIMONY-
Introduction of evidence
Documents
Physical objects
Witness testimony

14. Interrogatories set of questions Example "state the name, address,
and telephone number of
each person that witnessed the incident,"
"state the amount that you admit you owe and describe and explain in detail your basis for calculating that amount." 
Sample interrogatories

15. Example
a)      If you filed the Complaint state precisely the classification of the cause of action being filed, a brief factual outline of the case including your contentions as to what the other party or parties did or failed to do, and a succinct statement of the legal issues in the case. If you have asserted defenses, provide a detailed factual basis for the defense or defenses you have asserted.
Sample response: This is a personal injury case.  Defendant, John Tortfeasor, ran into my car from the rear while I was stopped at the traffic light at Jones Bridge Road at its intersection with Old Milton Parkway.  

16. deposition
Sample deposition

17. Jury Selection
Juries
determine facts of the case & apply law

18. Questions about jury duty
How was I selected to serve jury duty?
Why should I serve jury duty?
How many jurors are selected?
6-8 for civil, for criminal
What if I don’t show up for jury duty?
contempt of court (fine $100 up to 3 days in jail)
What should I wear?
business attire
Will I be paid?
Yes, $30 a day

19. Name is randomly drawn
A juror qualification sheet will be sent out
Report to court house
Info about case
Sworn in
Answer ‘s
Jury is selected

20. Jury duty
Sample Questionaire

21. Jury Exemptions
Must be employed on a full time basis as a : Public official of the United States, state, or local government who is elected to public office or directly appointed by one elected to office.
Must be a member of any governmental police or regular fire dept. (not including volunteer or non-governmental departments).
Must be a member in active service of the Armed Forces of the United States.

22. GROUNDS FOR PERMANENT EXCUSE
Must be over 70 and requesting to be excused.
Must have a current doctor's statement stating that you are unable to serve.
Must have served as a juror in the Federal Court within the past 2 years.
Must care for 1 or more children under the age of 10 whose health and/or safety would be jeopardized by their absence for jury service, or a person who is essential to the care of aged or infirm persons and does NOT work outside the home.
Must be a sole owner/proprietor of a business with no employees where an absence would cause the business to close.
Must be a volunteer firefighter, rescue squad member, or ambulance crew

23. Eligibility for Jury Duty
In order to be eligible for jury duty, you must be:
A citizen of the United States
At least 18 years of age
A resident of the county in which
you are to serve as a juror
Able to communicate in English

24. Not a person who has had your right to vote revoked and not yet
Not suffering from a physical or mental disability that prevents you from performing your duties as a juror in a satisfactory manner
Not a person who has had your
right to vote revoked and not yet
reinstated as the result of a felony
conviction
Not a law enforcement officer,
if the trial is for a criminal case

25. The Litigation Process
Commencing an Action 2
Avoid Litigation 1 3
Trial Prep 4
Trying the Case 5
Executing a Judgement

26. Pretrial hearing Informal meeting before a judge
Tries to get the parties to reach an agreement before it goes to trial.

27. OPENING STATEMENT

28. Opening Statement -Plaintiff

29. Opening Statement - Defendant

30. Opening statements Defendant 2nd Plaintiff 1st Info to the jurors
Stating what they intend to prove
Defendant 2nd
Plaintiff 1st
Infor to jurors stating what you intent to prove
Plaintiff 1st
Defentant 2nd
News report outlining opening statements

31. OPENING STATEMENTS the most crucial part of the trial
- After opening statements, a case unfolds in bits and pieces and not necessarily in any organized manner
- research shows that many jurors form strong opinions after opening statements and interpret all of the subsequent evidence in light of those initial impressions
- prepare an opening statement that virtually cripples the opposition
- opening statements give an overview of what you expect to show through the witnesses and other evidence that will be introduced during the trial
Opening statemtent
The most crucial part of the trial
Case unfolds
Jurors form opions
Gives an overview

32. Goals of Opening Statements
introduce the case theme to the court and jury
Put the story in a compact package so that the jury will be able to get a bird's-eye view and better comprehend and appreciate the issues and the evidence.
to make the disjointed evidence make sense
Introduce theme
Help jury comprehend story
This should make disjointed evidence make sense

33. Goals of Opening Statements
Establish rapport with court & jury
Get the jury to identify with your cause
Lawyers need to be
Sincere, honest, understanding, intelligent, dependable, considerate, warm, kind, friendly
Establish rapport
Lawyers need to be sincere, honest, intelligent, dependable, friendly

34. Goals of opening statements
Intro
Body
Conclusion
Intro
Body
conclusion

35. Goals of Opening statements
It’s a statement NOT an argument
BAD: Mr. Hare negligently drove at an excessive speed.
GOOD: The speedometer read seventy-three miles per hour, and Mr. Hare was traveling in a fifty-mile per hour speed zone.
Only state FACTS!
Goals of opening statement
Not an argument

36. Opening Statement INTRODUCTION Case theme Summary of facts
Enthusiasm for trying case
Opening statement
Introduction
Case theme
Summary of facts
Enthusiasm

37. Sample Themes This is a case about taking chances
This is a case about a company that refuses to business the American way.
Everything that happened here happened because of greed
This is a case about police brutality
This is a case about an innocent man wrongly accused.
Greed and misfortune led us here today
Sample themes
this is a case about taking chances

38. Explain the key issues
"Ladies and gentlemen, this lawsuit was filed because the defendant's car was following too closely behind the car of Mary Jane Fox, the plaintiff. The defendant, Mr. Hare, was not paying attention to the traffic ahead of him. As a result, Mary Jane was hit from behind by Mr. Hare. She suffered a broken and separated leg, and she will have this injury for the rest of her life."
Explain key issues

39. Key Persons are introduced
Personalize your client
If prosecution – personalize the people of the
state and the need for societal safety
"May Fox is an elementary school teacher. Before November 22, 1986, she was a very healthy young woman, twenty-eight years of age. She had been teaching at Pelham Elementary School for six years. Mary Jane is married and the mother of one three-year-old son, Jason. She enjoyed jogging, bicycling, and tennis. Never during the course of any of these activities did she have any trouble with her leg. It was only after that fateful day when Mr. Jones sped through a red light three days before Thanksgiving in 1986 that Mary Jane was left paraplegic and unable to enjoy her previous life, and unable to provide her son with a brother or sister."
Key persons are introduced
Personalize your client

40. Body of Opening Statement
MOST OF THE INFO HERE!!
- set the scene of the factual incidents
- describe the instruments of the liability or crime (gun, car, sexual language, etc.)
- provide the date, time, and weather if important to your case
- reiterate your theme and link it to the issue of your case
- then tell your best story of what happened (based on what the evid. will show)
- use vivid language when telling the story--make it real for the jury
- state the legal elements to be proven (go to the law library to find this)
Body
Set the scene
Describe instruments
Reiterate theme
Use vivd language
State legal elements

41. conclusion Opening Statements
- simply and directly reiterate your top facts and state that the truth will show a verdict for your client.

42. The Litigation Process
Commencing an Action 2
Avoid Litigation 1 3
Trial Prep 4
Trying the Case 5
Executing a Judgement

43. Introduction of Evidence
List possible types of evidence that could be presented in a trial.

44. Introduction of Evidence
DOCUMENTS –contracts, sales slips, letters,
PHYSICAL OBJECTS-weapons,
photos, items from a crime scene
WITTNESS TESTIMONY-
Introduction of evidence
Documents
Physical objects
Witness testimony

45. Each attorney summarizes the evidence
Closing Arguments
Each attorney summarizes the evidence
suggests reasons why the judge or jury should find in favor of his or her client.

46. The judge must explain the law to the jury
Instructions to jury
The judge must explain the law to the jury

47. Verdict judgment, Verdict & Judgment Decision by jury
We the jury, find
you guilty on all
charges.
judgment,
Judge’s decision in the case.

48. Civil vs Criminal CIVIL Offense against indiviudal 6-8 Jurors
Liable or not Liable
NO POLICE
NO JAIL
Remedy the problem
CRIMINAL
Offense against society
12-14 Jurors
Guilty or Not Guilty
Police Arrest you
Possible Jail
Punish the offender

49. Remedies An equitable remedy Injunction The payment of damages
Specific performance
fulfill promise
Injunction
prevent

50. Criminal Trial Procedure
Arrest
Deprived of Freedom
Occurs with or w/o a warrant
Read Miranda rights

51. Criminal Trial Procedure
Rights of the defendant
Miranda Rights
What crime
Names of officers
Phone Call
May be released on bail
$ left with court

52. Miranda Rights WARNING OF RIGHTS
1. You have the right to remain silent and refuse to answer questions. Do you understand? 2. Anything you do say may be used against you in a court of law. Do you understand? 3. You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future. Do you understand? 4. If you cannot afford an attorney, one will be appointed for you before any questioning if you wish. Do you understand? 5. If you decide to answer questions now without an attorney present you will still have the right to stop answering at any time until you talk to an attorney. Do you understand? 6. Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?

53. Search & Seizure W/out Warrant With Warrant When arrested
Person, car, house
Limited area on warrant
Otherwise obtain permission
W/out Warrant
When arrested
Limited search
Believe a weapon is on you (Frisk)
Believe car contains something illegal
Plainview
Probable cause
School officials

54. Search & Seizure
School Officials
May search students w/o warrant

55. Answer the following Questions
What is an Information? – pg 45
What is the purpose of the Grand Jury? Pg 45
Notes over Arraignments
Identify Trial procedures in Fracture.

56. Arraignment Informed of complaint & Rights
Judge dismisses or goes to trial
Prosecutor prepares information (charges)
Preliminary Hearing
Evidence & witnesses
Grand Jury decides whether person will stand trial
Indictment issued
Arraignment - To Court after arrest
Read indictment
Plead guilty or not guilty
Sentencing or trial

57. Person is still not guilty.
Preliminary Hearing
Grand jury
Hears evidence & testimony
If Crime has been committed
Issue indictment (Written accusation)
Arraignment
Read indictment
Pleads guilty or not guilty
Informed of rights
GUILTY NOT GUILTY
SENTENCED TRIAL
Person is still not guilty.

58. The Trial Jurors are selected Opening statements, Introduce evidence
Closing statements
Jury instructions, announces decision
If guilty, judge imposes sentence

59. Judge decides punishment
Sentencing
CRIME
Judge decides punishment
Sentenced
Fines
Imprisonment
Death

60. Punishments FINES – Pmt of $ IMPRISONMENT – DEATH PENALTY
Indeterminate or definite
Mandatory sentence (not altered)
DEATH PENALTY
Three Phases
Jury determines guilt
Punishment decided
Appeal taken to state’s highest court

61. Floyd County Court Floyd County Court
Floyd County Court hears class "D" felonies, misdemeanors, infractions, and certain violations of local ordinances. Floyd County Court hears contract, tort and landlord/tenant cases with a jurisdictional limit of $10,000 and small claims filings under $3,000. Floyd County Court is one of only four County Courts remaining in Indiana

62. Floyd Superior Court
Floyd Superior Court serves the public by providing a fair, accessible, effective and responsive forum to decide civil, criminal and other legal matters with the objective of resolving conflicts efficiently while maintaining confidence in the judiciary and enhancing community values.

63. Floyd Circuit Court Indiana's Fifty-second Judicial Circuit,
The Floyd Circuit Court has original jurisdiction to preside over all civil and criminal cases.
The Floyd Circuit Court has exclusive jurisdiction in Floyd County over all probate/estate, trust and juvenile cases.

64. Juvenile Cases 1. Detention hearing 2. investigation
3. adjudicatory hearing
? Youth & parents, witnesses, advice from probation officer
Take action or dispositional hearing

65. Action taken in juvenile case
Return home/ probation /
Foster Home
Training or reform school
Or pay $
Sentenced with rehabilitation in mind