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 […]
Sentencing
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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Final Motions and Closing Arguments
Final Motions After all the evidence has been presented and the jury has left the courtroom, either side may move for a directed verdict. If the motion is granted the
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Instructions to the Jury
Instructions to the Jury The judge instructs the jury about the relevant laws that should guide its deliberations. (In some jurisdictions, the court may instruct the jury at any time
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Motions after Verdict
Motions after Verdict Motions permitted after a verdict is announced differ from state to state. A motion in arrest of judgment questions the sufficiency of the indictment or information in a criminal
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