Continuance asks for a temporary stop wants to

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Continuance asks for a temporary stop, wants to examine what’s going on for a few days Want flow in trial – discovery process tries to guarantee that Motion for summary judgment Look at everything that’s been said, it should be clear who wins Only possible if all facts are decided upon, nothing can be questionable If not, trial will happen Next, choose jury – called voir dire process o The trial
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Plaintiff goes first (has burden of proof), then defendant goes Tell them what you’re going to tell them (opening statement) Tell them (body of trial – presentation of evidence, offer each side’s point of view) Tell them what you told them Body of the trial Each side tells its point of view Evidence and argumentation of evidence make up the trial There are all kinds of evidence Evidence can be contradictory A rule of lawmanship is to never ask questions whose answers you don’t already know Can try to impeach witnesses of the other side (make them contradict themselves, for example) Neither attorney can coach the witness about what he can say or what he’s supposed to say o That’s why you know the answers to the questions you’re going to ask Friendly witness o Witness that you call o Can’t lead friendly witness Can’t say, “Isn’t it true that on this date you were…” Can ask, “What were you doing on this date…” Have to let witness add his or her own elements o But if other side calls a witness, and you cross examine him or her, you can lead him or her in such a way Can make him or her answer yes or no questions – but answers are rarely black and white But, the opposing attorney can explain that immediately afterward o Just want to make sure that witness states what he or she saw and that he or she is believable Can cross, recross, etc. a witness Witness can determine impression you’ll leave on jury Hard evidence is another kind of evidence o Pictures, skid marks, doctors’ analyses o Get all the hard evidence for more involved cases Witness that you call cannot give opinions or draw conclusions o If he or she tried to do that, the attorney would object Object for two reasons o Stop whatever is going on o Force the judge to rule
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Every time I make judge rule, there is a possibility of error o Want to create the possibility of error, in case of an appeal (which is based upon error) Expert witnesses o Years of experience o Has background in subject o Must explain why they are an expert o Can give witnesses and can draw conclusions Circumstantial evidence o Does not talk about immediate event o Talks about circumstances surrounding event o Can be very powerful o Example City of Arizona vs. … Child gets eye punctured City has responsibility to clean streets Turns out that the street was in poor shape – city should have taken care of that Rules of evidence – what we’ll talk about next time Analyze decision based on jurisdiction over the defendant – the plaintiff gives consent, so jurisdiction applies to him or her in whatever state
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