Stein Sp06 Evidence Outline

Stein Sp06 Evidence Outline - www.swapnotes.com Evidence...

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1 Evidence Outline Practice Exam Examples and Expl Print Notes (extra notes May 6) Print Review session Notes Print Outline Read and tab, highlight outline PHASES OF THE TRIAL 1. Pre-trail motions: Motions in limine: pre-trial motions to decide evidentiary issues and resolve matters that are uncertain as to whether will be raised at trial so can be better prepared Barred from raising on appeal any issue the judge decided in limine if it does not become an issue during the trial Strategy on whether to make the motion or not make the motion depends on the particular facts and evidence of each trial 2. Jury selection: Juror can be dismissed: For cause Inability to serve Peremptory challenges 3. Pre-trial discovery 4. Trial: Criminal trials Opening statements : Specify in general terms the allegation and the evidence. What will be proven and how = contract with the jury Prosecution presents case first to est. prima facie evidence because there is a presumption of innocence that the defendant did not do whatever it is the prosecution is about to say he did and so the defendant does not have to answer for himself until the prosecution gives him reason to. Presumption of innocence: acts as a barrier to an oppressive state. If abolish, then state can require every person to come to court and account for his or her actions. Civil trials: Pl/claimant goes first so as not to harass the defendant until the pl, who began the suit as proven there exists a meritorious claim that defendant must respond to. If there is not enough prima facie evidence in this initial phase to substantiate the pl.’s claim and survive a motion to dismiss or directed verdict (judgment as matter of law), then the judge will throw out the case and the jury will not decide. o Initial production burden is on the plaintiff to est. a question of fact. If p. meets this burden, the judge will allow the case to go to the jury. o To decide the burden of production, the judge must take the facts in the light most favorable to the non-moving party. Identify parties to the motion: Def will move for a directed verdict ( Moving party) at the end of p.’s case in chief ( Non-moving party) . Even if p. did not have very good evidence or very credible witnesses, www.swapnotes.com
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2 the judge does not judge whether the evidence proved the case, only whether it established a question of fact to go to the jury by taking the evidence in the light most favorable to the p. In this light, if a reasonable juror could still find the def liable/guilty, motion is thrown out and case proceeds. Prima facie evidence: Criminal trial: need evidence to substantiate each element of the crime Civil trial: need to show that a fair minded person could, on this evidence, resolve the question of fact in your favor 5. Case goes to jury. Jury returns verdict. If jury returns a verdict of guilt/liability on tenuous evidence, the def. can motion for a
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This note was uploaded on 02/14/2008 for the course LAW 7330 taught by Professor Lushing during the Spring '05 term at Yeshiva.

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Stein Sp06 Evidence Outline - www.swapnotes.com Evidence...

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