Transcript
Chapter 21 Steps In a Trial
1. The steps in a jury trial are: (a) plaintiff's opening statement, (b) plaintiff's case in chief, (c) defendant's opening statement, (d) defendant's case in chief, (e) requests for instructions to the jury, (f) final arguments, (g) instructions to the jury, (h) verdict, (i) judgment, (j) execution.
2. The opening statement must set forth a prima facie case.
3. Testimonial evidence consists of oral testimony of witnesses made under oath in open court. Documentary evidence consists of such evidence as written contracts, business records, correspondence, wills, and deeds. Real evidence consists of actual objects that have a bearing on the case such as an item of clothing, a weapon found at the scene of the crime, a photograph, chart, or model.
4. (a) It is direct evidence when a witnesses testifies, "I saw that man shoot the gun." (b) It is circumstantial evidence when a witness testifies, "I heard the sound of a gun being fired and then saw that man run past me."
5. Leading questions are allowed on cross-examination and not allowed on direct examination.
6. A motion for a directed verdict will be allowed if, after the plaintiff rests the case, the court finds that the evidence is insufficient as a matter of law to support a verdict in the plaintiff's favor.
7. After the defendant's attorney rests the case, the plaintiff's attorney may introduce rebuttal evidence.
8. Questions of law are questions relating to the application or interpretation of law. Questions or fact are questions about activities that took place between the parties which caused them to go to court. Only questions of law may be raised on appeal.
9. In a criminal case, the jury must agree unanimously to reach a verdict.
10. A judgment is the decision of a court of law. A writ of execution is used to enforce a judgment for the payment of money.
Understanding Legal Concepts
1. T 6. F, law
2. F, direct 7. T
3. F, cross 8. T
4. T 9. F, execution
5. F, last 10. T
Checking Terminology (Part A)
1. k 7. o, t 13. i, v, nn 19. c 25. b 31.hh
2. y 8. a 14. jj, kk 20. ff 26. s 32.z
3. f 9. x 15. q 21. u 27. e 33.aa
4. d 10. g 16. r 22. l 28. j 34.p
5. gg 11. n 17. mm 23. ii 29. ee 35.w
6. dd 12. ll 18. cc 24. bb 30. m
Checking Terminology (Part B)
1. c 7. s 13. b 19. r 25. l 31.v
2. o 8. a, dd 14. aa 20. m, n 26. t 32.q
3. x 9. hh 15. w 21. p 27. g 33.ii
4. h 10. u 16. j 22. jj 28. ll 34.z
5. ee 11. i 17. kk 23. d 29. y, cc 35.bb
6. k 12. gg 18. f 24. ff 30. e
Using Legal Language
The plaintiff's attorney, Karen Black, was required to set forth a(n) prima facie case in her opening statement before the jury. Her evidence consisted of a photograph, which was real evidence, payroll records, which was documentary evidence, and oral statements of a witness, which was testimonial evidence. On the stand, Karen's witness, Leroy Henning, said, "I am the payroll clerk, and these payroll records are true and correct." This was direct evidence, not circumstantial evidence, and because she was examining her own witness, Karen's examination was called direct examination. Karen could not ask leading questions, which suggest to the witness the desired answer. The opposing attorney could do so, however, on cross examination. At the close of Karen's case, the opposing attorney made a(n) motion for a directed verdict, asking the court to find in favor of his client. this request was denied, and the case went to the jury, whose decision is called a(n) verdict. Following this decision the court issued its judgment, which is sometimes called a(n) decree in a court of equity. Karen's client won the case, and the opposing attorney decided not to appeal to a higher court because only questions of law may be raised at that time. Had he done so, his client who would have been called the appellant, would have had to put up a(n) appeal bond as security. Karen's client would have been called the appellee. Karen then asked the court for a(n) writ of execution to enforce the court's decision. She was unable to use garnishment because the defendant had no money or property in the hands of a third person.
Puzzling Over What You Learned
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Caveat: Allow squares for spaces between words and punctuation (apostrophes, hyphens, etc.) when filling in crossword.
Across
An attorney's outline to the jury of anticipated proof.
Closing argument.
Decision of a court of equity.
8. Setting aside of punishment altogether.
10. Introduction of evidence to prove the allegations made in the pleadings.
Request to a higher court to review the decision of a lower court.
14. Evidence consisting of documents.
That which is just and fair.
The decision of a court of law.
Down
Legally sufficient for proof unless rebutted or contradicted.
Oral testimony of witnesses made under oath in open court.
Questions that suggest to the witness the desired answer.
Evidence that directly relates to the fact in issue.
Actual objects that have a bearing on the case such as a weapon.
11. The decision of a jury.
13. An invalid trial of no consequence.
Introduction of evidence destroying the other side's evidence.
