BAM 317 Business Law Essays SID #58454.docx

BAM 317 Business Law Essays SID #58454.docx - Cheryl Cech,...

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11/21/2011 BAM 317-SG Business Law Question #3: Describe the following phases of a trial: (1) jury selection, (2) opening statements, (3) plaintiff’s case, (4) defendant’s case, (5) rebuttal and rejoinder, (6) closing arguments, (7) jury instructions, (8) jury deliberations, (9) entry of judgment. The first stage of a trial, a jury is selected from a voter or automobile registration list. Through a process called “voir dire” (to speak the truth), individuals are chosen to hear cases. During the selection process, the judge and lawyers may ask prospective jurors questions to see if they would be biased in their decisions. Any biased potential juror can be excluded from the case. Once both sides agree on the jury which consists of 6 to 12 individuals, the jurors are sworn in and the trial is ready to begin. The attorneys are then allowed to make their opening statements. The attorney’s statements are not evidence; they simply validate their client’s position. The plaintiff will need to bear the burden of proof and convince the trier of the fact of merits of their case. The attorney will call witnesses to give testimony regarding the case. Each witness will be sworn in and then go through direct examination where the attorney questions the witness. After the plaintiff’s attorney finishes asking questions, the defendant’s attorney can conduct a cross-examination of questions. The defendant’s attorney can only ask questions regarding subjects that were brought up during direct examination. After this, the plaintiff’s attorney can choose to redirect examination. Finally, the defendant’s attorney can question the witness through re-cross examination to complete the process. Once the plaintiff concludes their case, the defendant’s case must rebut the plaintiff’s evidence, prove any affirmative defenses asserted by the defendant, and prove any allegations contained in the defendant’s cross complaint. 1
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BAM 317 Business Law Essays SID #58454.docx - Cheryl Cech,...

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