litigation pt 2 - CLASS 5: LITIGATION, PART II CLASS 5:...

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CLASS 5: LITIGATION, PART II
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Chapter 3 2 TRIAL AND POST-TRIAL 1.Jury Selection 2.Trial / Evidence and Proof 3.Motions During Trial 4.Jury Instructions 5.Verdicts and Judgments 6.Post-Trial Motions 7.Appeals 8.Review Questions CLASS 5: LITIGATION, PART II
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Chapter 3 3 Jury Selection A. First Step – Summoning of potential jurors (Venire – panel of potential jurors) B. Next Step – Voir Dire (Process of questioning prospective jurors to determine their qualifications and biases) C. Peremptory Challenges – (Objection raised by a party to a lawsuit rejecting a prospective juror for which no reason need be given for the objection). However, these challenges CANNOT be used to exclude a potential juror on the basis of race or gender. D. Florida Rule – Florida Rule of Civil Procedure 1.431(d) – “ Each party is entitled to 3 peremptory challenges of jurors, but when the number of parties on opposing sides is unequal, the opposing parties are entitled to the same aggregate number of peremptory challenges to be determined on the basis of 3 peremptory challenges to each party on the side with the greater number of parties.” JURY SELECTION
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4 MAIN PROCEEDINGS OF TRIAL A.Opening Statements – Attorneys for both sides make opening statements. B.Plaintiff’s Presentation of Evidence -Direct Examination of Witnesses: Attorney conducting examination not allowed to ask “leading” question. After Direct …. -Cross-Examination of Witnesses: Opposing attorney allowed to examine matters inquired into on direct. -Redirect Examination: Attorney allowed to examine matters inquired into on cross- examination. -Recross Examination: Opposing attorney allowed to examine matters inquired into on redirect examination. C. Rules of Evidence:
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This note was uploaded on 03/19/2012 for the course BUL 3310 taught by Professor Staff during the Spring '12 term at Florida State College.

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litigation pt 2 - CLASS 5: LITIGATION, PART II CLASS 5:...

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