Business & Personal Law

1. Business & Personal Law Chapter 6 “Trial Procedures”

2. Civil Trial Procedure • Pleadings = Papers filed by individuals, not the government, at the beginning of a lawsuit • Complaint = Legal document containing short and plain statement of plaintiff’s claim against the defendant. Begins the lawsuit. • Summons = Issued by Clerk of the Court, notifying defendant of the civil complaint against him/her

3. Civil Trial Procedure • Pleadings (continued) • Answer = Formal written document that admits or denies each allegation of the complaint and states any defenses that the defendant plans to use. • Must answer by the date specified in the summons or the defendant loses by default

4. Civil Trial Procedure • Discovery = Period of time before trial hearing during which all of the facts of case are made known to all parties • Methods of Discovery = Depositions, interrogatories, requests for documents, physical and mental examinations, requests for admission of evidence

5. Civil Trial Procedure • Docket = Calendar date for the case • If case still not settled after discovery, Clerk puts case on the docket • Pretrial Hearing = Informal hearing with judge in attempt to simplify the issues and discuss matters that might help dispose of the case more quickly

6. Civil Trial Procedure • Steps in the Trial • Jury Selection • Begins with a pool of eligible citizens • Jury Summons = Mailed to voters and drivers • Job is to determine the facts and to apply law to those facts • Judge supervises questioning of jury pool • Voir dire = Latin for “speak truth”; jurors asked questions • Change of Venue = new court jurisdiction may be necessary if it is too difficult to find an acceptable jury

7. Civil Trial Procedure • Opening Statements = Time for each sides’ attorneys to tell judge and jury what they intend to prove • Plaintiff’s attorney goes first • In some states, defendant can wait to do opening after entire plaintiff’s case has been presented. • Introduction of Evidence • Plaintiff goes first • Documentary Evidence = Papers, pictures • Real Evidence = Actual objects

8. Civil Trial Procedure • Testimony of Witnesses • Subpoenaed = requested by court order to appear in court • Sub = Under; Poena = Penalty (Latin) • In contempt of court order, if fail to appear • Direct Examination • Facts within their personal knowledge • Opinions they formed based upon those facts (if expert witness) • Cross Examination = Other side may question witnesses only as to their testimony in direct examination

9. Civil Trial Procedure • Testimony of Witnesses (continued) • Evidence may only be introduced by witness’s identification • Closing Arguments = Review facts presented and argue why judge or jury must find in favor of their side (plaintiff goes first) • Instructions to the Jury = Judge explains applicable laws and deliberation procedures to the jury • Attorneys may discuss options with judge beforehand • Jury/Judge Deliberation

10. Civil Trial Procedure • Verdict and Judgment • Verdict = Decision of jury “in favor of” one party • Based upon “a preponderance of the evidence,” meaning one side’s evidence weighs more heavily than the other • Unanimity usually not required in civil jury • Number varies from state to state • Judgment is final determination as to rights • Execution of Judgment = Court orders marshall and/or sheriff to carry out the judgment

11. Criminal Trial Procedure • Arrest of Defendant • Arrest = when a person is legally deprived of freedom • Requires a warrant = court order that says a person is charged with a crime and should be arrested. • Or, if an officer has probable cause (good reason) to believe that a person has committed or is presently committing a crime • Even is only a misdemeanor if it involves a breach of the peace and is done in the officer’s presence

12. Criminal Trial Procedure • Rights of the Defendant • Miranda v. Arizona = Supreme Court decision supports the right of the accused to be informed of rights at the time of the arrest • nature of crimes for which accused, names of officers, use of telephone, right to attorney, etc. • Bail = Money or other property which is left with the court to assure defendant’s future court appearance (Judge may deny bail) • Constitutional right to a fair trial

13. Criminal Trial Procedure • Presumed innocent until proven guilty • except in cases of prima facie evidence • Rights in Search and Seizure • Legal any time if permission is given • Legal with search warrant, but must be limited to area specified in warrant • Must be shown or read aloud if occupant is present • Limited search (“frisk”) is legal if officer has reason to believe there may be a hidden weapon • Officer must return any lawful object found • No warrant needed if arrested (body/building/car)

14. Criminal Trial Procedure • Need warrant to search entire building/premises at time of arrest, otherwise only immediate area • Police may impound car at time of arrest until warrant is obtained • “Plain View Exception” = no search warrant necessary if contraband is in open view • Supreme Court extensions to above limits: • 1981, entire passenger area of car after arrest • 1982, at any legitimate stop. If probable cause that contraband may be present, may search entire car • 1991, entire car if police have probable cause that crime is being committed.

15. Criminal Trial Procedure • Schools may search students without warrant if “reasonable grounds” that search will turn up evidence • must be conducted in a reasonable manner • The Arraignment = Must be conducted very soon after arrest, brings suspect before the court where he/she is made aware of charges against him/her and his/her rights • Judge either dismisses for lack of evidence or sets hearing date if probable cause

16. Criminal Trial Procedure • Grand Jury = Prosecutor (D.A.) prepares an “information” , or set of formal charges, for grand jury to review to determine if enough evidence exists for trial • Panel of citizens who serve for one year • Meet in secret • Issues an “indictment”, or written accusation • The Trial • Defendant may choose either judge or petit (small) jury trial

17. Criminal Trial Procedure • Guilt standard = “beyond a reasonable doubt” • Requires unanimous jury verdict • Mistrial declared if not unanimous, and new trial ordered at option of prosecution • Disposition of Juvenile Cases • Evidence reviewed in Juvenile Court • Many state variations in laws • Detention Hearing = determines if there are good reasons to keep accused in custody, and whether special circumstances exist

18. Criminal Trial Procedure • Adjudicatory Hearing = informal, but determines final result in juvenile cases • Return minor home with probation/conditions • Placement in agency or foster home • Parents pay costs • Public school or state-run reformatory (Youth Authority) • Parent may also pay for school • Parents responsible for fines/civil damages