Intro to Law
1. The plaintiff in a civil or a prosecutor in criminal case has their lawyer make an opening statement. This explains the case to the judge and/or jury and tells them the evidence that will be presented as proof or the allegations. 2. The Defense explains evidence to be presented to disprove the allegations.
Each witness for the plaintiff or prosecution is questioned. Other evidence in favor of the plaintiff is also presented.
The defense has the opportunity to question each witness. Questioning is designed to break down the story or to discredit the witness.
If the prosecution’s or plaintiff’s 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.
Each defense witness is questioned. The witnesses are Cross-examined by the Plaintiff or Prosecutor.
The Prosecutor or Plaintiff attorney reviews all the evidence presented and ask for a finding of guilty (criminal) or a finding for the plaintiff (civil). Defense ask for a finding of not guilty (criminal) or a finding for the defendant (civil).
Prosecutor or plaintiff has the right to make additional closing arguments that respond to points made by the defense.
Judge instructs the jury as to the law that applies to the case.
In most states, a unanimous decision is required for a verdict. If the jury cannot reach a unanimous decision, it is a hung jury, and the case may be tried again.