Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ All Rights Reserved. Legal Terminology Fifth Edition by Gordon W. Brown PowerPoints prepared by Kimberly Lundy

Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ All Rights Reserved. Chapter 7 Steps in a Trial

Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ All Rights Reserved. Steps in a Jury Trial Plaintiff's opening statement Plaintiff’s case in chief Defendant’s opening statement Defendant’s case in chief Requests for instructions to the jury Final arguments Instructions to the jury Jury’s verdict Court’s judgment or decree Appeal Execution (civil cases) or Sentencing (criminal cases)

Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ All Rights Reserved. Plaintiff’s Opening Statement  Opening statement Plaintiff‘s attorney tells the jury (or judge in a non-jury trial) what the evidence will prove. Must set forth a prima facie case (be legally sufficient to win unless rebutted by contrary evidence).

Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ All Rights Reserved. Plaintiff’s Case in Chief  Case in chief – plaintiff’s attorney introduces evidence and arguments to prove allegations made in pleadings.

Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ All Rights Reserved. Case in Chief - Evidence There are several types of evidence:  Admissible evidence – pertinent and proper.  Relevant evidence – evidence tending to prove or disprove an alleged fact.  Testimonial evidence – oral testimony of witnesses made in open court under oath. (continued)

Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ All Rights Reserved. Case in Chief - Evidence Types of Evidence (cont’d):  Documentary evidence – written contracts, business records, correspondence, wills, deeds, etc.  Real evidence – actual objects having a bearing on the case DNA (deoxyribonucleic acid) – double stranded molecules carrying a cell’s unique genetic code. DNA sample – biologic evidence used for DNA analysis. (continued)

Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ All Rights Reserved. Case in Chief - Evidence Types of Evidence (cont’d):  Direct evidence – testimony directly related to fact at issue.  Circumstantial evidence – testimony that is indirectly related to a fact other than a fact in issue.

Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ All Rights Reserved. Case in Chief - Witnesses Plaintiff’s attorney calls witnesses who are examined by both parties: Direct examination – questioning of one’s own witness without asking leading questions (suggest the desired answer). Cross-examination – witness is then questioned by opposing party. Plaintiff’s attorney may redirect, which may be followed by a re-cross from other party.

Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ All Rights Reserved. Plaintiff’s Case in Chief  When all witnesses have been examined, plaintiff rests case.  Defendant’s attorney may make a motion for a directed verdict (asking court to find in favor of defendant without case going to jury).

Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ All Rights Reserved. Defendant’s Opening Statement  Defendant’s opening statement – outlines defendant’s side of case and evidence that will be used to rebut plaintiff’s case.

Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ All Rights Reserved. Defendant’s Case in Chief  Defendant’s case in chief –introduces evidence to support defensive claims made in answer and in opening statements. Evidence presented and witnesses questioned in same manner as for plaintiff.  Rebuttal – after defense rests, plaintiff may introduce rebuttal evidence to destroy the effect of evidence introduced by either side.

Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ All Rights Reserved. Request for Jury Instructions  Attorneys for both sides file written requests for the judge to include when informing the jury on the law regarding the case.  Each party is informed of the judge’s decision on the requests.

Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ All Rights Reserved. Final Arguments  Closing arguments (summation) – each attorney summarizes evidence that has been introduced in their favor.

Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ All Rights Reserved. Instructions to Jury  Instructions to the jury (jury charge) – the judge informs jury of laws that must be considered in reaching a verdict.  Jury then deliberates (slowly and carefully considers) on facts and law of the case. Juries are sometimes sequestered (isolated from society during deliberations).

Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ All Rights Reserved. Verdict  Verdict – the decision of the jury. Criminal cases – or a mistrial (invalid trial) is called and new trial may be held. Civil cases – a five-sixths of jurors must agree (unless parties agree to a different majority).

Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ All Rights Reserved. Verdict  Polling the jury – when individuals jurors are asked whether they agree with the verdict.  Hung jury – unable to agree on verdict (deadlocked).

Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ All Rights Reserved. Judgment or Decree  Judgment (or adjudication) – decision issued by court following jury’s verdict.  A case is ripe for judgment when it is complete except for the court’s decision.

Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ All Rights Reserved. Judgment or Decree Judgments  Judgment on the merits – court decision based on evidence and facts introduced.  Judgment on the pleadings – rendered without evidence if pleadings show one party is entitled to win as matter of law.  Judgment notwithstanding the verdict (judgment n.o.v.) issued if court believes jury’s verdict is contrary to law.

Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ All Rights Reserved. Judgment or Decree  Decree Decision of a court of equity (court that administers justice according to a system of equity, or fairness). Grants relief where no adequate remedy at law exists.

Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ All Rights Reserved. Judgment or Decree  Decrees a court of equity can issue: Injunction – orders someone to do or refrain from doing a particular act. Preliminary injunction – issued before hearing merits of case to prevent injustice. Consent decree – by consent of parties without admitting guilt or wrongdoing.

Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ All Rights Reserved. Appeal  Appeal – request filed with a higher court to review the decision of a lower court.  Case are reviewed by courts of appeal, (also called appellate courts).

Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ All Rights Reserved. Appeal  Parties to an appeal: Appellant – party bringing appeal. Appellee– party against whom appeal is brought (also called respondent or defendant in error).

Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ All Rights Reserved. Appeal  Appeal can raise only questions of law –relating to application or interpretation of the law.  Must be filed within prescribed time after judgment.  Appeal bond – often required to guarantee the cost of an appeal.

Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ All Rights Reserved. Appellate Court Actions  Appellate reviews decision of lower court and can: Affirm (approve) the decision Reverse or set aside (make void) the decision Vacate (annul) the judgment Remand (send back) case to lower court.