What are the two questions of a trial?

Questioning Skills There are two types of questions used during a trial: direct questions and cross- examination questions. DIRECT QUESTIONS are open ended and do not suggest the answer to the witness. A direct question allows the witness latitude to respond freely in his or her own words.

What are the typical procedures of a trial?

A complete criminal trial typically consists of six main phases, each of which is described in more detail below:

• Choosing a Jury.
• Opening Statements.
• Witness Testimony and Cross-Examination.
• Closing Arguments.
• Jury Instruction.
• Jury Deliberation and Verdict.

What is the first step of trial?

Plaintiff Testimony – The first part of the actual trial proceeding consists of the plaintiffs presenting their witnesses and experts to present the arguments and justifications for the complaint.

What are the steps in the pre trial process?

PRE-TRIAL PROCEDURE I. INITIAL PLEADINGS A. Complaint The complaint is the first step to getting to trial in a civil proceeding. This document, once filed in the appropriate court system, formally establishes a cause of action against another party, and details the basis for the cause of action.

What happens in a post trial motion for a new trial?

Post-trial motions. If the jury produces a guilty verdict, the defense often makes post-trial motions requesting the judge to override the jury and either grant a new trial or acquit the defendant. (Again, see Acquittals by Judges in Jury Trials. Also see Motions for New Trial.)

How are trial procedures changed over the years?

Although contemporaries thought these procedures provided reasonable means of determining guilt and innocence, from a modern point of view they appear to substantially disadvantage the defence. Trial procedures were continually transformed, both by statute and by judicial discretion and rulings.

How does the trial process work in a criminal case?

The plaintiff or prosecution is allowed to cross-examine, and the defendant gets to ask further questions on re-direct. In a federal criminal case, because the burden of proof is always on the prosecution, the defendant never has the burden of doing anything. This means that the defendant does not have to present any evidence whatsoever.

PRE-TRIAL PROCEDURE I. INITIAL PLEADINGS A. Complaint The complaint is the first step to getting to trial in a civil proceeding. This document, once filed in the appropriate court system, formally establishes a cause of action against another party, and details the basis for the cause of action.

How to study 12 steps of trial flashcards?

Study 12 Steps Of A Trial flashcards from Taylor Lemaire ‘s class online, or in Brainscape’s iPhone or Android app. ✓ Learn faster with spaced repetition. 12 Steps Of A Trial Flashcards by Taylor Lemaire | Brainscape Brainscape Find Flashcards Why It Works Educators Teachers & professors Content partnerships Tutors & resellers

How many days before trial can you extend discovery?

[ CRC 3.822] Note: Extending the trial date does not automatically extend the discovery cutoff date. Discovery closes before trial: 30 days before trial – or 15 days before arbitration. [ CCP 2024.020]

What happens in the last month before trial?

Put simply, perhaps half of the total cost of most cases is expended in the last thirty days before trial, not only in terms of what the lawyer and the hired experts charge, but in the time that must be expended by the client in trial preparation. As one client put it, “My business became your business as we came close to trial.

What are some voir dire questions?

In voir dire, you should ask questions about jurors’ attitudes and beliefs. You want to ask about people’s views on government regulations, corporations and jury damage awards. Ask questions in such a way that the people who raise their hands are the jurors you who will ultimately disagree with your case.

Can trial jurors ask questions?

jury is the sole judge of the facts and the verdict deliverer, there is no rational basis for depriving it of an equal right to ask proper questions in order to better understand the evidence. The propriety of the questions, of course, is a matter of law for the judge.

What can’t you ask in voir dire?

What You Can’t Ask a Juror During Voir Dire

• Precondition the prospective jurors to a particular result;
• Comment on the personal lives and families of the parties or their attorneys;
• Concern the pleadings, the applicable law, the meaning of particular words and phrases; or.
• Focus on the comfort of the jurors.

What states can jurors ask questions?

States that allow jurors to ask questions under certain circumstances include:

• Arizona.
• Arkansas.
• Florida.
• Georgia.
• Indiana.
• Iowa.
• Kentucky.
• Michigan.

What are the directions for the jury questionnaire?

DIRECTIONS: 1. Provide complete and honest answers to all the questions below. There are no right or wrong answers, simply answer to the best of your ability. 2. Do not show your questionnaire to anyone else other than Court staff. 3. Do not discuss this questionnaire or your responses with anyone , else

Can a jury ask the judge a question?

In the UK, the jury cannot directly ask questions (to the witness, to either side’s legal team) but can ask the clerk of the court to pass a note to the Judge (indeed, when I sat on a jury a couple of year ago, we were positively encouraged to do this).

How does a jury work in a criminal trial?

In a US criminal trial, the state is expected to justify why someone should be in jail; the jury shouldn’t be helping them justify it. This isn’t how all jurisdictions around the world work, but it’s how the US does. One concern with juror questions is that it has the risk that the juror will not be impartial.

What can you not do on a jury panel?

You must not discuss anything about this case with other members of the jury panel, your friends, family, employer or anyone else. You must not go to the scene of the alleged incident. You must not use the internet or any other means to contact anyone, post anything or look up anyone or anything connected with this case.

Why are jurors allowed to ask questions during a trial?

Jurors’ questions can also help lawyersget a feel for what they are thinking and can influence how lawyers continue to present their cases. It is also a good tool to reference when preparing for future cases. The Cons of Allowing Jurors to Ask Questions

How to choose a jury in a civil case?

JUROR QUESTIONNAIRE FOR JURY SELECTION AUGUST 7, 2017 Please complete this questionnaire. It will assist the lawyers and myself in fairly selecting a jury for this civil case. You are sworn to give true and complete answers to all questions on this questionnaire. Please answer all the questions to the best of your ability.

DIRECTIONS: 1. Provide complete and honest answers to all the questions below. There are no right or wrong answers, simply answer to the best of your ability. 2. Do not show your questionnaire to anyone else other than Court staff. 3. Do not discuss this questionnaire or your responses with anyone , else

When to use boilerplate questions in jury selection?

Ineffective boilerplate questions should not be used at all as they have the effect of influencing the answers before they are even given. For example, at the outset of jury selection the statement, “We are looking for jurors who are fair and impartial” makes the jurors think their answers should reflect their ability to be fair.