Business & Personal Law Chapter 6 “Trial Procedures”

Civil Trial Procedure zPleadings = Papers filed by individuals, not the government, at the beginning of a lawsuit yComplaint = Legal document containing short and plain statement of plaintiff’s claim against the defendant. Begins the lawsuit. ySummons = Issued by Clerk of the Court, notifying defendant of the civil complaint against him/her

Civil Trial Procedure zPleadings (continued) yAnswer = Formal written document that admits or denies each allegation of the complaint and states any defenses that the defendant plans to use. xMust answer by the date specified in the summons or the defendant loses by default

Civil Trial Procedure zDiscovery = Period of time before trial hearing during which all of the facts of case are made known to all parties yMethods of Discovery = Depositions, interrogatories, requests for documents, physical and mental examinations, requests for admission of evidence

Civil Trial Procedure zDocket = Calendar date for the case yIf case still not settled after discovery, Clerk puts case on the docket zPretrial Hearing = Informal hearing with judge in attempt to simplify the issues and discuss matters that might help dispose of the case more quickly

Civil Trial Procedure zSteps in the Trial yJury Selection xBegins with a pool of eligible citizens Jury Summons = Mailed to voters and drivers xJob is to determine the facts and to apply law to those facts xJudge supervises questioning of jury pool Voir dire = Latin for “speak truth”; jurors asked questions Change of Venue = new court jurisdiction may be necessary if it is too difficult to find an acceptable jury

Civil Trial Procedure yOpening Statements = Time for each sides’ attorneys to tell judge and jury what they intend to prove xPlaintiff’s attorney goes first xIn some states, defendant can wait to do opening after entire plaintiff’s case has been presented. yIntroduction of Evidence xPlaintiff goes first xDocumentary Evidence = Papers, pictures xReal Evidence = Actual objects

Civil Trial Procedure xTestimony of Witnesses Subpoenaed = requested by court order to appear in court –Sub = Under; Poena = Penalty (Latin) –In contempt of court order, if fail to appear Direct Examination –Facts within their personal knowledge –Opinions they formed based upon those facts (if expert witness) Cross Examination = Other side may question witnesses only as to their testimony in direct examination

Civil Trial Procedure xTestimony of Witnesses (continued) Evidence may only be introduced by witness’s identification xClosing Arguments = Review facts presented and argue why judge or jury must find in favor of their side (plaintiff goes first) xInstructions to the Jury = Judge explains applicable laws and deliberation procedures to the jury Attorneys may discuss options with judge beforehand xJury/Judge Deliberation

Civil Trial Procedure xVerdict and Judgment Verdict = Decision of jury “in favor of” one party Based upon “a preponderance of the evidence,” meaning one side’s evidence weighs more heavily than the other Unanimity usually not required in civil jury –Number varies from state to state Judgment is final determination as to rights xExecution of Judgment = Court orders marshall and/or sheriff to carry out the judgment

Criminal Trial Procedure zArrest of Defendant yArrest = when a person is legally deprived of freedom xRequires a warrant = court order that says a person is charged with a crime and should be arrested. xOr, if an officer has probable cause (good reason) to believe that a person has committed or is presently committing a crime Even is only a misdemeanor if it involves a breach of the peace and is done in the officer’s presence

Criminal Trial Procedure zRights of the Defendant yMiranda v. Arizona = Supreme Court decision supports the right of the accused to be informed of rights at the time of the arrest xnature of crimes for which accused, names of officers, use of telephone, right to attorney, etc. yBail = Money or other property which is left with the court to assure defendant’s future court appearance (Judge may deny bail) yConstitutional right to a fair trial

Criminal Trial Procedure yPresumed innocent until proven guilty xexcept in cases of prima facie evidence yRights in Search and Seizure xLegal any time if permission is given xLegal with search warrant, but must be limited to area specified in warrant Must be shown or read aloud if occupant is present xLimited search (“frisk”) is legal if officer has reason to believe there may be a hidden weapon Officer must return any lawful object found xNo warrant needed if arrested (body/building/car)

Criminal Trial Procedure xNeed warrant to search entire building/premises at time of arrest, otherwise only immediate area xPolice may impound car at time of arrest until warrant is obtained x“Plain View Exception” = no search warrant necessary if contraband is in open view xSupreme Court extensions to above limits: 1981, entire passenger area of car after arrest 1982, at any legitimate stop. If probable cause that contraband may be present, may search entire car 1991, entire car if police have probable cause that crime is being committed.

Criminal Trial Procedure xSchools may search students without warrant if “reasonable grounds” that search will turn up evidence must be conducted in a reasonable manner yThe Arraignment = Must be conducted very soon after arrest, brings suspect before the court where he/she is made aware of charges against him/her and his/her rights xJudge either dismisses for lack of evidence or sets hearing date if probable cause

Criminal Trial Procedure yGrand Jury = Prosecutor (D.A.) prepares an “information”, or set of formal charges, for grand jury to review to determine if enough evidence exists for trial xPanel of citizens who serve for one year xMeet in secret xIssues an “indictment”, or written accusation yThe Trial xDefendant may choose either judge or petit (small) jury trial

Criminal Trial Procedure xGuilt standard = “beyond a reasonable doubt” xRequires unanimous jury verdict Mistrial declared if not unanimous, and new trial ordered at option of prosecution zDisposition of Juvenile Cases yEvidence reviewed in Juvenile Court yMany state variations in laws yDetention Hearing = determines if there are good reasons to keep accused in custody, and whether special circumstances exist

Criminal Trial Procedure yAdjudicatory Hearing = informal, but determines final result in juvenile cases xReturn minor home with probation/conditions xPlacement in agency or foster home Parents pay costs xPublic school or state-run reformatory (Youth Authority) Parent may also pay for school xParents responsible for fines/civil damages