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Unformatted text preview: 4 Topics: Motion to dismiss Motion to summary judgment Trials Appeals Trials Role of jury: decide questions of fact Who is telling the truth? Does not analyze the law in any way Judge: Makes decisions about the law Conductor of the orchestra - decides when people can object, or enter a piece of evidence Each type of claim requires the plaintiff to prove certain things. The claim is not required to be proved beyond a reasonable doubt (as in a criminal trial). The level of proof is not as high in civil trials, the balance just has to b shifted to one side or the other. The burden of proof lies with the plaintiff to tip the scales their way = preponderance of evidence on their side. Each type of claim has a set of elements that has to be proven in order to be successful. How does the jury know what those elements are? --> It's up to the judge at the conclusion of the evidence (and usually before closing arguments) to instruct the jury about the law. The instructions that will be given to the jury are decided on by the judge and lawyers from both sides before they are given. Appeals An appeal is NOT a new trial. It is a paper review, and the lawyer for each side might get 20/30mins of oral argument. A verbatim transcript of the trial will be sent from the trail court to the appellate court, and the lawyers for each side will write a discussion of why the ruling should affirmed or overturned. To up go on appeal - must argue that the trial made mistakes of law in conducting the trial. To up go on appeal - must argue that the trial made mistakes of law in conducting the trial....
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This note was uploaded on 04/05/2008 for the course HPAA 310 taught by Professor Deanharris during the Fall '07 term at UNC.
- Fall '07