Opening statement plaintiffs attorney goes first then

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Opening Statement – plaintiff’s attorney goes first then defendants attorney, both state what they plan to prove (b.i.2) Direct Examination – when an attorney questions a witness HE brought to court (b.i.3) Cross Examination – the opposing attorney questions the witness (b.i.4) Summation – part of the trial where the attorneys make their closing statements b.ii) Defendant can request- Motion for dismissal – Motion for directed verdict - defendant can file after the plaintiffs presents their case b.iii) Claiming the plaintiff did not establish enough evidence to prove case b.iv) If dismissal is denied – Defendant must present evidence to defend plaintiff’s claims b.v) Deliberation – jury retires to separate room to decide outcome of the case c) Verdict – delivered by the petit jury – the decision of whether the defendant should be held liable c.i) Preponderance of the evidence – in a Civil trial case the jury must decide that the evidence favoring the plaintiff was stronger than presented against the plaintiff (c.i.1.a) Over 50% of the evidence was in the plaintiff’s favor – “preponderance of evidence” (c.i.2) Verdict must be unanimous if jury fails to reach consensus it is referred to as hung jury, parties must have a new trial and different jury (c.i.2.a) Civil trials only require 5/6 of the jurors to agree
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BUSINESS LAW - CLEP d) Post trial motions – motions filed after the verdict is rendered by the jury by the losing party d.i)Motion for new trial d.ii) Motion for a judgment notwithstanding the verdict (judgment N.O.V.) (d.ii.1) Requires the court to find that the evidence does not support the jury’s verdict (d.ii.1.a) If court makes such finding it will overturn the jury’s verdict 33) Error of Law – justification for appealing to a higher court 34) Appeals Process – losing party has the right to appeal a.i) No trials at the appeals level b) Appellant – the party seeking to appeal c) Appellee or Respondent – the other party or (winner) d) Oral Arguments – each party can present arguments to the court e) Opinion – the verdict of the appeals court e.i) Appeal to Supreme Court – appellant can seek another appeal if the losing party of the previous appeal (e.i.1) such an appeal is discretionary (e.i.2) generally only granted in cases of broad legal or policy implications (e.i.2.a) such as when federal courts are divided over an important federal law (e.i.2.b) or an important question not settled by the Supreme Court (e.i.3) errors in prior proceedings are not viewed as compelling reasons to grant petition (e.i.4) if appeal is denied or time expires the judgment is final and cannot be challenged (e.i.5) Res Judicata – finality of the judgment, prevents the parties from re-litigating the same action 35) Criminal Trial – crimes against the state a.i) No plaintiff b) Prosecution – representative of the state or federal government c) Defendant – person brought up on charges d) Indictment – written charges against the defendant
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Opening Statement plaintiffs attorney goes first then...

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