The Trial
Trial Participants:
● Judge- oversees proceedings and decides questions of law (such as evidentiary objections_
● Plaintiff's/Defendant's Attorney- presents evidence and questions witnesses for plaintiff/state or defendant
● Court Reporter- documents the trial with an official transcript
● Court Clerk- labels and organizes evidence and assists the judge
● Jury- a group of citizens who decide the facts of the case
● Court Deputy/Bailiff- a law enforcement officer is assigned to the courtroom, who maintains protocol
Brief- a written document that might contain a summary of the facts, issues, rules, legal analysis, and a comparison with a client's fact
Jury Selection:
-In most jurisdictions, potential jurors are selected from the list of registered voters in the jurisdiction. Potential jurors will receive a
summons to appear for jury duty. This group of potential jurors is called a jury panel or venire.
-Potential jurors must be reflective of the community. In selecting a jury, the parties cannot engage in illegal discrimination on the bas
of race or gender.
-Jurors may be asked to fill out a questionnaire (such as the one on pps. 491-493) to help identify conflicts or biases
● Voir Dire- the process of questioning the jury to determine their sustainability to serve on a jury panel
-Only certain types of questions are appropriate, such as "do you know any of the parties?" or "have you ever been involved in a
case of this kind?"
● Excused for Cause- a juror may be excused for cause if it appears that there is bias or other legitimate reasons that a person
cannot sit as a juror
● Peremptory Challenge- the right of an attorney to challenge a prospective juror without stating a reason for the challenge
Opening Statement- an attorney's first opportunity to address the jury with a summary of the case
● A speech given by each side in the trial before any evidence is presented
● Generally, opening statements are not overtly argumentative
● Generally, opening statements are prospective
● The prosecutor (or plaintiff) gives the first opening statement, followed by the defendant
● Generally, opening statements are in future tense- "today, you will hear evidence"
Plaintiff/Prosecution Case in Chief:
● Case in Chief- the part of the trial where each side presents evidence and testimony
● Rules of Evidence- statutes that govern the admissibility of evidence
● Burden of Proof- the necessity of establishing a fact or the necessity of going forward with the evidence
● Direct Examination- questioning of one's own witnesses
● Cross-Examination- questioning that occurs when a witness is questioned by someone other than the direct examiner
● Redirect Examination- examination of a witness that occurs when the direct examiner questions the witness after the cross-
examination
● Recross-Examination- examination of a witness that occurs when the cross-examiner questions the witness after the redirect
examination
● Rest- an attorney rests his or her client's case by telling the court that his or her presentation of evidence is complete
Trial Participants:
● Judge- oversees proceedings and decides questions of law (such as evidentiary objections_
● Plaintiff's/Defendant's Attorney- presents evidence and questions witnesses for plaintiff/state or defendant
● Court Reporter- documents the trial with an official transcript
● Court Clerk- labels and organizes evidence and assists the judge
● Jury- a group of citizens who decide the facts of the case
● Court Deputy/Bailiff- a law enforcement officer is assigned to the courtroom, who maintains protocol
Brief- a written document that might contain a summary of the facts, issues, rules, legal analysis, and a comparison with a client's fact
Jury Selection:
-In most jurisdictions, potential jurors are selected from the list of registered voters in the jurisdiction. Potential jurors will receive a
summons to appear for jury duty. This group of potential jurors is called a jury panel or venire.
-Potential jurors must be reflective of the community. In selecting a jury, the parties cannot engage in illegal discrimination on the bas
of race or gender.
-Jurors may be asked to fill out a questionnaire (such as the one on pps. 491-493) to help identify conflicts or biases
● Voir Dire- the process of questioning the jury to determine their sustainability to serve on a jury panel
-Only certain types of questions are appropriate, such as "do you know any of the parties?" or "have you ever been involved in a
case of this kind?"
● Excused for Cause- a juror may be excused for cause if it appears that there is bias or other legitimate reasons that a person
cannot sit as a juror
● Peremptory Challenge- the right of an attorney to challenge a prospective juror without stating a reason for the challenge
Opening Statement- an attorney's first opportunity to address the jury with a summary of the case
● A speech given by each side in the trial before any evidence is presented
● Generally, opening statements are not overtly argumentative
● Generally, opening statements are prospective
● The prosecutor (or plaintiff) gives the first opening statement, followed by the defendant
● Generally, opening statements are in future tense- "today, you will hear evidence"
Plaintiff/Prosecution Case in Chief:
● Case in Chief- the part of the trial where each side presents evidence and testimony
● Rules of Evidence- statutes that govern the admissibility of evidence
● Burden of Proof- the necessity of establishing a fact or the necessity of going forward with the evidence
● Direct Examination- questioning of one's own witnesses
● Cross-Examination- questioning that occurs when a witness is questioned by someone other than the direct examiner
● Redirect Examination- examination of a witness that occurs when the direct examiner questions the witness after the cross-
examination
● Recross-Examination- examination of a witness that occurs when the cross-examiner questions the witness after the redirect
examination
● Rest- an attorney rests his or her client's case by telling the court that his or her presentation of evidence is complete
