Chapter 5: Steps in a Trial The Middle of Chapter 5

Step 1: Opening Statement by Plaintiff or Prosecutor The plantiff’s attorney (civil cases) or the prosecutor (criminal) explains to the trier of fact (the judge or jury) the evidence to be presented as proof of the allegations (unproven statements) in the written papers filed with the court.

Step 2. Opening Statement by Defense The defendant’s attorney explains evidence to be presented to disprove the allegations made by the plaintiff or prosecutor

Step 3. Direct Examination by Plaintiff or Prosecutor Each witness for the plaintiff or prosecutor is questioned. Other evidence in favor of the plaintiff or the prosecution is presented http://www.youtube.com/watch?v=7ye1Rnk6BA4 http://www.youtube.com/watch?v=3OtLn2nRIkM&feature=related

Step 4. Cross- Examination by Defense The defense has the opportunity to question each witness of the plaintiff’s or prosecutor ‘s Questioning is designed to break down the story or to discredit the witness

Step 5: Motions If the prosecutor’s or plaintiff’s basic case has not been established from the evidence introduced, the judge can end the case by granting a motion (oral request) made by the defendant’s attorney

Step 6. Direct Examination by the Defense Each witness for the defense attorney is questioned. Other evidence in favor of the defendant is presented http://www.youtube.com/watch?v=B5pvTurCCvY&feature=related

Step 7. Cross- Examination by Plaintiff or Prosecutor Each defense witness is cross-examined by the plaintiff or prosecutor

Step 8: Closing Statement by the Plaintiff or Prosecutor The prosecutor or plaintiff’s attorney reviews all the evidence presented: They ask for a finding of guilty (in criminal cases) Or… a finding for the plaintiff (Civil Cases)

Step 9: Closing Statement by the Defense This is the same as the closing argument by the plaintiff or the prosecution. The defense asks for a finding of not guilty (Criminal) OR A finding for, or in-favor of, the defendant (Civil Cases)

Step 10: Rebuttal Argument The prosecutor or plaintiff may have the right to respond to points made by the defense in its closing statement

Step 11: Jury Instructions The judge instructs the jury as to the law that applies in the case

Step 12: Verdict In most states, a unanimous decisi0n by the jury is required for a verdict If the jury cannot reach a unanimous decision, it is called a hung jury The case may be tried again by a new judge or jury

Chapter 5, PART 2!!!!!!!!!!

Jurors Again?!?!?! Historically, there have been more exemptions then there are right now. The occupations of clergy members, attorneys, doctors, police officers, firefighters, and people with disabilities were all exempt In some places, NY and NJ included, this is not allowed anymore

In the State of NJ… http://www.judiciary.state.nj.us/juryreporting/juryfqa.pdf 6 Reasons why Jurors Qualify/ are Disqualified

Voir Dire After potential Jurors report to the court that calls them to serve on, and they are qualified they then go through a process called “Voir Dire” Voir Dire is the examination of jurors being assigned to specific cases after the screening process

Voir Dire continued… In this process, opposing lawyers question each prospective juror to discover any prejudices or preconceived opinions concerning the case. After questioning each juror, the opposing attorneys may request the removal of any juror who appears incapable of rendering a fair and impartial verdict ^^^ This is “Removal for Cause ^^^

Just before we have a jury though… Each attorney is allowed a limited number of peremptory challenges Peremptory challenges means the attorneys can have prospective jurors removed without stating a cause

Size of Juries 6-12 People on Juries 12 on all Federal cases Always “Alternate Jurors” in case something happens to jurors on the trial jury. Alternate Jurors sit and partake in all court activities from the start or the trial until the end.

Appeals Court In an Appeals Court, one party presents arguments asking the court to review the decision of the trial court The other party represents the arguments supporting the decision of the trial court There are NO juries, NO witnesses , and NO new evidence is presented Only Lawyers appear before the judges to make legal arguments

Error of Law Not everyone who loses a trial can appeal The only times people can appeal is when a trial court has committed an error of law An error of law occurs when the judge makes a mistake as to the law applicable in the case For Example: a judge might give the wrong instructions to the jury or permit evidence that should not be allowed

Precedent When an appeals court decides a case, it issues a written opinion or ruling. This opinion sets a precedent A precedent is a court decision on a legal question that guides future cases with similar cases Precedent is how the courts “make law” because all lower courts must follow this new precedent until that is overturned by a higher court

Higher Court findings When precedent is set, regardless of the decision, the court writes a majority opinion and a dissenting opinion A majority opinion states the findings of the court and why it made its decision A dissenting opinion is written up by judges that disagree with the majority opinion and states their reasons for why they voted against the decision If the case/ law is ever revisited by the same court or a higher court (US Supreme Court), this is consulted heavily

One last opinion… (Like you all have, there are many) In some instances, judges who agree with the majority opinion, but different reasons, they may choose to write a concurring opinion Two examples of opinions changing established precedent: In 1896, Plessy v Ferguson established “Separate but Equal” but Chief Justice John Marshall Harlan dissented from the majority opinion and wrote how he felt racial segregation violates the US Constitution In 1954, in Brown v Board of Education, Harlan’s opinion was used for critical arguments for starting desegregation

State Courts All states have trial courts The Locations include Municipal Court District Court County Court Superior Court They have specialized courts such as: Family Court Traffic Court Criminal Court Probate Court- Involve wills and claims against the estates of persons who die with or without a will Small Claims Court

If you lose… If you lose your case in the trial court, you may be able to appeal to an intermediate court of appeals In some states, you can go right to the state supreme court If the case involves only state law, it can’t go any higher then the state supreme court If the state supreme court decision involves federal law or a federal constitutional issue, the losing party can appeal to the US Supreme Court

Federal Courts Congress has divided the US into 94 Federal Judicial Districts

Federal Courts Congress has 12 total circuits with each having a court of appeals Court of appeals judges handle appeals of trial court decisions to determine whether district court judges applied the law correctly Overall the Federal courts handle 300,000 cases per year They also handle about 1,000,000 bankruptcy petitions

State Courts versus Federal Courts Total State Court Cases 35,000,000 State Cases Total Federal Court Cases 1,300,000 Federal Cases Total State Court Judges 30,000 State Judges Total Federal Court Judges 1,700 Federal Judges

Judges staying “on the bench” The US Constitution protects the independence of these judges The judges may hold office “during good behavior” For the most part, federal judges serve office until the resign, retire, or die Removal of federal judges requires a Congressional Impeachment trial.

The US Supreme Court (USSC) The most important legal precedents are established in the US Supreme Court 9 Justices preside on the USSC All Federal AND State Courts MUST FOLLOW USSC precedent

The US Supreme Court continued… 8,000 cases are appealed the to US Supreme Court Only about 80 cases get heard (1%) It begins with a Petition for Certiorari

Petition for Certiorari 8,000 cases are appealed the to US Supreme Court Only about 80 cases get heard (1%) It begins with a Petition for Certiorari Petition for Certiorari is a request by the Supreme Court to a lower court for court records involving a case that petitioned the Supreme Court to hear their case

Petition for Certiorari Continued… The Supreme Court DOES NOT HAVE TO HEAR ANY CASE (Except if the case involves Federal Voting Rights) Usually, the loser of a case submits the case to the Supreme Court for Petition for Certiorari Petition for Certiorari is granted by just 4 out of 9 judges, the only exception to the majority rule of the USSC

The Supreme Court in Action If the Supreme Court decides to hear the case, the parties write briefs arguing how the case should be decided An oral argument is then scheduled with the Court During this hour-long argument, each side gets 30 mins After the arguments, the justices, who have all read the briefs and heard the arguments, ask many questions to the lawyers

The Supreme Court in Action Cont... After the case has been argued, the justices meet privately and begin to draft their opinions Most cases end in a 9-0 decision and very rarely a 5-4 decision The Federal government participates in many of the USSC cases The lawyer for the federal government who argues Supreme Court Cases is called the “Solicitor General of the US”

WHO DAT?!?!?!?! Donald B. Verrilli, Jr. is the 46th Solicitor General of the United States. 

The Solicitor General in Action If the Solicitor General steps in to take a case, it have a much better chance to be reviewed by the USSC Often times, a representative from the Solicitor General’s office serves in his capacity If the case involves the Federal Government, the Solicitor General, or their representative, gets 10 minutes of that side’s argument during their allotted 30 minutes

The Supreme Court… Again… The Supreme Court’s term begins on the first Monday of October and the final decisions of the court come at the end of June. About 75% of the Court’s case are Federal, 25% State In more then half of the cases, the lower courts’ decisions are reversed

The Supreme Court… Again… The Supreme Court justices are nominated by the president Then they are confirmed by the US Senate The opinions of the court are send out electronically the very day they are written, later put into Law books Justices are appointed for life

Stare Decisis When the Supreme Court makes a decision, they set ________________, which all lower courts must follow This rule is called Stare Decisis Stare Decisis is a latin phrase which means “to stand by that which is decided” Following precedent gives the legal system predictability and stability

Stare Decisis DESTROYED Ulitmately, the Supreme Court can hear a case that challenges its own precedent or ___________________ Examples include: Brown v Board of Ed overturning Plessy v. Ferguson This can be as epic as BvBOE or when a justice is replaced that voted in a 5-4 vote.

THE ENDDDDDDDDDD…