Stein Sp04 EVIDENCE OUTLINE

Stein Sp04 EVIDENCE OUTLINE - EVIDENCE OUTLINE PROF. STEIN,...

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EVIDENCE OUTLINE P ROF . S TEIN , S PRING 2004 CHAPTER TWO: THE PROCESS OF PROOF – HOW TRIALS ARE STRUCTURED I. T HE S TRUCTURE OF A T RIAL a. Pretrial Motions / Motions in Limine: Motions made by parties to obtain rulings on anticipated evidentiary problems. Can be used to get a pretrial ruling on any evidentiary question (p. 94) i. Advantages of Filing a Motion in Limine 1. Planning advantage: Eliminates the uncertainty that surrounded the question of admissibility ii. Disadvantage of Filing 1. Aren’t able to hide strategy until trial 2. At trial can object on own terms and point out in front of the jury the objectionable strategy of your opponent b. Jury Selection i. Challenges: 1. For Cause: 2. Preemptory: Given only a limited # and may not be used b/c of the race or sex of potential juror c. Opening Statement i. Is neither evidence nor argument – but a compact narrative of what the lawyer believes in good faith the evidence will show. ii. Specify in general terms the allegations + evidence d. Prosecution’s Case-in-Chief i. Prosecution goes first in order to serve as a barrier to an oppressive state – b4 the D can be bothered to account for his actions, the prosecution must prove prima facie evidence against D ii. Prosecution / plaintiff must present evidence sufficient to prove – that is, sufficient to support a finding by the jury to establish – each element of its cause of action (or of the crime charged) iii. Failure to meet this burden can result in a judgment as a matter of law for the defense on that claim 1. Motions for Summary Judgment: made before trial 2. Nonsuit/ directed verdict/ dismissal: after plaintiff’s case-in-chief 3. Directed Verdict: after close of evidence 4. JNOV: after verdict – a finding that no reasonable juror could have reached this verdict; denials of a JNOV and motion for a new trial are appelable, not jury verdicts iv. Standard applied to such motions: whether a fair minded person could resolve a question of fact in favor of the nonmoving party. Based on all assumptions in favor of the non- moving party v. On appeal, once the jury has decided the case, if there are no procedural irregularities in the law of evidence or any mistakes in the instructions about substantive law than the appeal is lost. e. Defendant’s Case in Chief: thrust is to cast doubt on the P’s evidence and to present evidence sufficient to prove each element of any affirmative defenses 1
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f. Plaintiff’s Rebuttal: most respond to either (a) matters raised as part of defendant’s affirmative defense; (b) attacks during the defense case on the credibility of the plaintiff/prosecution’s evidence. g. Closing Arguments: permits argument and discussion of law II. B URDENS a. Burden of Production: Requires a party to produce evidence sufficient to support a finding on a particular issue i. Types of Evidence 1. Testimonial: form of most evidence 2. Documentary 3. Real ii. All 3 types of evidence are introduced through witnesses who lay down the foundation
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Stein Sp04 EVIDENCE OUTLINE - EVIDENCE OUTLINE PROF. STEIN,...

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