1.11 The Trial
Opening Statements
Once the jury is impaneled, the parties begin the trial with A party’s opening recitation of facts and legal issues that are central to the case., which are usually straightforward recitations of the facts and legal issues that are central to the case.
The Plaintiff’s Case
After opening statements, the plaintiff begins to present his or her version of the case, called the The plaintiff’s version of the case.. It is the plaintiff’s responsibility to establish the facts sufficient to meet the A plaintiff’s responsibility to establish the facts in order to prove his or her claim. required by the law related to the claims.
Burden of Proof
In legal matters, four burdens of proof are applied in different contexts: prima facie, preponderance of evidence, clear and convincing evidence, and beyond a reasonable doubt.
Prima Facie
First is the The lowest burden of proof, occurring when the facts of a case at first sight establish some truth with sufficient weight as to require a defendant to be called to respond to the accusers. case. This means that, at first sight, the facts establish some truth with sufficient weight as to require a defendant to be called to answer for it. It is the lowest standard of proof. If there are enough facts to meet this standard, then the judge rules that the defendant must respond to his or her accusers.
Preponderance of Evidence
The second burden of proof is A burden of proof in which the amount of evidence is of sufficient weight to be found true., meaning, in the vernacular, “more likely than not.” In other words, the evidence is of sufficient weight to likely be found true.
Clear and Convincing Evidence
The third burden of proof, A burden of proof that mandates that the evidence must be so clear that it requires the assent of every reasonable mind; the proof is unambiguous., is yet a higher burden. It mandates that the evidence must be so clear that it requires the assent of every reasonable mind. In other words, the proof is unambiguous.
Beyond a Reasonable Doubt
Fourth, the The highest burden of proof, occurring when the evidence establishes that no other logical explanation can be derived from the facts. standard, which applies only in the criminal law context, is where the evidence establishes that no other logical explanation can be derived from the facts.
Meeting the Burden of Proof
At trial, the plaintiff attempts to meet the relevant burden of proof by questioning witnesses through The questioning of a party’s witnesses in a trial. and submitting documents related to the examination. If the plaintiff’s case-in-chief does not establish the facts and law sufficient to support the claim, the defendant may make a A party’s request to the judge to issue a verdict before the case is submitted to a jury., wherein he or she asks the court to decide in his or her favor without the presentation of a defense. If this motion is granted, the case is over. If the motion is denied, the defense may then conduct a questioning A party’s questioning of the opposing party’s witness. of the witnesses in order to To question the integrity of a practice and possibly charge for misconduct. them through showing they were misinformed, untruthful, biased, or incompetent. A plaintiff may then To restore reputation and credibility. a witness’s credibility through A party’s further questioning of its witness after he or she has been cross-examined..
The Defendant’s Case
After the plaintiff has finished his or her case, the matter then shifts to the defendant to show that the facts alleged by the plaintiff are not true, that the law does not support the claim, or that the defendant’s behavior was excused. Like the plaintiff, the defense may present witness testimony and documentary evidence. The matter then shifts back to the plaintiff to challenge the defense claims in what is called the An argument or evidence introduced to contradict the defendant’s argument or evidence., and then back again to the defendant for a The defendant’s answer to the plaintiff’s rebuttal..
Closing Statements
At the end of each party’s case, the judge closes the case to new evidence and gives the parties time to make a A final statement given by each party in which one party attempts to debunk the theory of the other’s case and urge the jury to rule in its favor., wherein each party attempts to debunk the theory of the other’s case and urge the jury to rule in its favor. The judge then instructs the jury on the law and the case goes to the jury for The time in which a jury considers all facts presented in a case before issuing a verdict.. Deliberation is the jurors’ careful discussion about the facts as presented at trial and about the law as instructed by the judge.
Deliberation, Verdict, and Judgment
The process of deliberation may be a few minutes or may take several days. Upon reaching a decision, the jury issues a A jury’s complete finding and conclusion on the issues presented in a case.—a complete finding and conclusion on the issues presented. The court then enters a The court’s official decision., the official decision, in accordance with the jury verdict. In extremely rare cases, if a judge discovers bias or jury misconduct, he or she may reject or amend the verdict under the procedure known as A judge’s rejection of a jury’s verdict after discovering bias or misconduct among the jury.. Additionally, upon motion by either party, a judge, if he or she believes the manifest weight of evidence did not support the jury verdict, may order a A retrial of a court case.. In a criminal case, a jury might not reach the requisite number of votes to either convict or acquit a defendant. This is known as a A jury that does not reach the requisite number of votes to either convict or acquit a defendant in a criminal case, which results in a new trial., and will result in a new trial.
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