Evidence Outline-LS

Evidence Outline-LS - THE TRIAL PROCESS. Adversarial...

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THE TRIAL PROCESS. Adversarial system: the parties have the responsibility to move the case to its conclusion. Jury: evidence rules make sure the jury is treated properly. - the jury looks at the data given to it only at trial and draws conclusions about the real world (about what actually happened) - it then applies the law (jury instructions) to these conclusions - the final result is the verdict; the verdict becomes the truth Burdens of Proof 1. Burden of Production: the burden of going forward o in the event of a tie, the party without the burden wins o standard is the prima facie case : enough facts that support a finding of each element o comes up before the jury draws conclusions – have the parties put in enough evidence to go forward? (has the party made its prima facie case?) decided by the judge (on the basis of a SJ, DV, JNOV motion) if not, the case is dismissed 2. Burden of Persuasion: the burden of tipping the balance in one’s favor o usually the same party has the burden of production and persuasion o standard for civil trials is a preponderance of evidence ; for criminal it is proof beyond a reasonable doubt o comes up before the verdict – have the elements of the claim or charge been satisfied? Decided by the jury In a civil case, the judge can take the verdict away from the jury if no reasonable jury would have found for the prevailing party Judge: has to keep an eye on admission of evidence. - there has to be some evidence supporting each element of the claim or charge. - Evidence can be used for limited purposes (the judge will give limiting instructions; if these are ignored by the jury, the judge can dismiss the case) Preliminary Questions What kind of data can be brought in? - primarily decisions made by the judge - once in, the jury decides how much weight to attach - burdens of proof mirror those at trial 1 Rule 102- Purpose and Construction : object of the rules is to make sure the process is efficient and smooth. The ultimate goal is the finding of truth, even though it may not be achieved in every situation. Rule 104 - Preliminary Questions : should be determined by the court. (a) : For exclusionary rules of evidence, judge usually uses the POE standard. (b) : For admission rules, judge uses a prima facie standard. Conditional relevancy : party must show sufficient evidence to support a finding that other evidence is relevant to admit the other evidence. The jury can ultimately conclude no relevancy once the evidence is admitted.
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The parties are responsible for enforcing FRE, not the judge. Curative admissibility: party does not object to something that is objectionable and then admits related evidence of its own that is also objectionable. - The other party cannot now object because it opened the door.
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Evidence Outline-LS - THE TRIAL PROCESS. Adversarial...

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