Plea Bargaining
Plea Bargaining Many criminal cases are resolved out of court by having both sides come to an agreement. This process is known as negotiating a plea or plea bargaining. In […]
Officers of the Court
Officers of the Court The judge presides in the courtroom. If a case is tried before a jury, the judge rules on points of law and gives instructions to the jury, informing
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The Jury Pool
The Jury Pool The trial jury in either a civil or criminal case is chosen from a list called a venire or jury pool that has been compiled by the court. The
Selecting the Jury
Selecting the Jury Juries of six to twelve persons are selected from the jury pool. The size of jury varies from state to state and depends to some extent on
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Opening Statements
Opening Statements The purpose of opening statements by each side is to tell jurors something about the case they will be hearing. The opening statements must be confined to facts
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Evidence
Evidence The heart of the case is the presentation of evidence. There are two types of evidence — direct and circumstantial. Direct evidence usually is that which speaks for itself: eyewitness accounts,
Direct Examination
Direct Examination Lawyers for the plaintiff or the government begin the presentation of evidence by calling witnesses. The questions they ask of the witnesses are direct examination. Direct examination may elicit both
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Cross-Examination
Cross-Examination When the lawyer for the plaintiff or the government has finished questioning a witness, the lawyer for the defendant may then cross-examine the witness. Cross-examination is generally limited to
Motion for Directed Verdict/Dismissal
Motion for Directed Verdict/Dismissal At the conclusion of the plaintiff’s or government’s evidence, the lawyer will announce that the plaintiff or government rests. Then, when the jury leaves the courtroom,
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Presentation of Evidence by the Defense and Rebuttal
Presentation of Evidence by the Defense The defense lawyer may choose not to present evidence, in the belief that the plaintiff or government did not prove its case. Usually, however,
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