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Chapter 6

Chapter 6. Trial Procedures. Civil Trial Procedures. Pleadings – papers filed with the beginning of a trial – establish the issues the court is being asked to decided Spell out allegations (claims or assertions) Defendants answers to the allegations. Pleadings.

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Chapter 6

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  1. Chapter 6 Trial Procedures

  2. Civil Trial Procedures • Pleadings – papers filed with the beginning of a trial – establish the issues the court is being asked to decided • Spell out allegations (claims or assertions) • Defendants answers to the allegations

  3. Pleadings • 1st Pleading is the plaintiff's complaint • Complaint – a legal doc. Containing a short statement of the plaintiff's claim against the defendant • Answer – formal written doc. that admits or denies allegations in complaint

  4. Methods of Discovery • Court wants to make facts known to all parties • Depositions (people statements) • Interrogatories (questioning of people)

  5. Pretrial Hearing • “Informal” before a judge • Might settle case before trial

  6. Steps in a Jury Trial • Selecting the jury from a pool of citizens • Judge supervises the attorneys • Questioning of each juror • Read Jury Picking Article

  7. Opening Statements • Each side’s attorneys tell what they will prove • Plaintiff goes first • Defendant next

  8. Introduction of Evidence • Prosecutor presents all of state’s evidence • Physical evidence • Papers • Affidavits • Sworn statements • Witnesses subpoenaed

  9. Introduction of Evidence Cont…. • Witnesses • People who have observed events that are relevant to the case or trial • Subpoena experts • The defendant then has the opportunity to cross examine (test the truth)

  10. Defendant’s Chance • When the plaintiff’s attorney rests, the defendant’s attorney get his/her chance • Plaintiff can cross examine witnesses • When all evidence is presented they rest the case.

  11. Closing Arguments • Plaintiff goes first • Then defendant • Present a summary

  12. Instructions to the Jury • Judge delivers • Judge explains

  13. Verdict and Judgment • Verdict = decision of jury • Judgment = courts decision in a case • Civil trial finds in favor of one side

  14. Execution of Judgment • Winner/Loser

  15. Criminal Trial Procedure • Defendant arrested • Arrested = deprived of freedom • Warrants = a court order saying a person is charged of a crime and should be arrested. (Police can’t arrest without a warrant except in special cases)

  16. Rights of Defendants • Miranda v. Arizona • The Court held that both inculpatory and exculpatory statements made in response to interrogation by a defendant in police custody will be admissible at trial only if the prosecution can show that the defendant was informed of the right to consult with an attorney before and during questioning and of the right against self-incrimination prior to questioning by police, and that the defendant not only understood these rights, but voluntarily waived them.

  17. Rights cont • Rights – Have the rights under the constitution • Bail = money left with the court to assure the person will return to trial.

  18. Search and Seizure • Search Warrant – court order allowing a search of an area • If arrested may be searched without a warrant • Impound- take possession

  19. The Arraignment • Suspect informed of charges and told rights. • Or dismissed

  20. The Trial • Jury selection if defendant requests a jury • Opening statement • Evidence • Closing statements • Instruction to jury • Deliberation • Jury in criminal trial must be unanimous

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