How is a Trial Conducted-.pdf

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MGMT 200
Tod Bergstrom

How is a Trial Conducted? Study online 1. How is a trial conducted? 1. after jury is selected in a civil case, plaintiff's attorney proceeds first because plaintiff has the BURDEN OF PROOF -if the jury agrees the plaintiff more likely than not is right, the burden is met, and they must return a verdict for the plaintiff 2. plaintiff's attorney begins trial by making an OPENING STATEMENT; defendant may also make opening statement 3. plaintiff's attorney presents EVIDENCE (must be relevant) 4. defendant may now offer a MOTION TO DISMISS; if denied, may make an opening statement if didn't at the beginning of the trial 5. defendant's case-in-chief begins by calling witnesses/offer new evidence; cannot open new issues; has final chance to rebut, limited to whatever was presented in the plaintiff's rebuttal 6. either party may request a MOTION FOR A DIRECTED VERDICT 7. each attorney argues case before jury (summation) 8. instructions to jury: judge will instruct the jury on the law 9. after instructions, jury retires to a private room to deliberate and return verdict by vote 10. if verdict goes against law, judge may overturn it 11. after verdict, judge may grant a motion made by the losing party for a new trial (will not grant unless some serious mistake of law - called ERROR has occurred) 2. burden of proof -duty to present evidence that supports the allegations in the complaint (the facts) -satisfied by presenting a PREPONDERANCE OF EVIDENCE 3. preponderance of evidence according to the evidence, it is more likely than not that the allegations in the complaint are true 4. beyond a reasonable doubt -in criminal cases, gov't represented by prosecutor has the burden of proving the guilt of the defendant BEYOND A REASONABLE DOUBT -finder of fact must be firmly convinced of the defendant's guilt 5. double jeopardy -being tried twice for the same offense; unconstitutional (violates fifth amendment)
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