LEGL 2700 Lecture Notes - Lecture 11: Oral Argument In The United States, Peremptory Challenge, Jury Instructions
24 Aug 2016
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Next step when pretrial motions and negotiations have failed. Presentation of evidence to a jury to determine facts in dispute. Judge explains the applicable law to the jury. Clerk of court will have assembled a pool of potential jurors. Voir dire: selected jurors are called into jury box and questioned. Peremptory challenge: no cause or reason needs to be given to excuse a prospective juror. Supreme court outlawed racial discrimination in peremptory challenges: batson v. kentucky, 476 u. s 79 (1986). Gender discrimination is banned by the jury selection process: j. e. b v. alabama. Opening statements: lawyers give the jury a preview of the facts and witnesses come to the stand. Almost like a movie preview: can"t be used as evidence. Plaintiff introduces evidence to establish truth of allegations made in the complaint. Direct verdict: motion by the defendant: stating that the there wasn"t enough evidence for the jury to make a solid decision, the lawyer didn"t give enough developed elements.
