Oistin Crowley • Jul 23, 2014 • 646 Views
Trial Procedures and the Courtroom • Vary State by State • State statutory requirements • Federal statues – cases at federal level
Pleadings • Summons & complaint • Include all allegations of each party to a lawsuit • Filed with court • Question law and fact • Law = judge decides • Fact = trial decides
Summons and Complaint • Plaintiff: person who initiates an action – files complaint • Defendant: person with complaint filed against them • May be multiple plaintiff and defendants
Summons and Complaint • Action starts – summons is filed • Summons • Defendant is served • Complaint • ID’s parties • States cause of action • Demands for damages
Answer • After complaint – response required of the defendant • Document “The Answer” • State defense: admit or deny • Must respond within set amount of time
Bill of Particulars • Initial complaint may provide little information • Defense attorney request additional information
Discovery of Evidence • Process of investigating the facts before a trial • Four Objectives
Discovery of Evidence • 1) Obtain evidence that might not be obtainable at the time of trial • 2) Isolate and narrow the issues for trial
Discovery of Evidence • 3) Gather knowledge of the existence of additional evidence that may be admissible at trial • 4) Obtain leads to enable the discovering party to gather further evidence
Discovery of Evidence • Discover and examine witnesses • EBT- examination before trial • Oral testimony • Cross examination • Deposition – permanent record of case
Preparation of witnesses • Review of pertinent records • Helpful guidelines p 222
The Court • In the court that has jurisdiction • Judge is responsible for conduct, must be fair to both parties • Determines if evidence is admissible • Maintains order
The Jury • Trial by jury – constitutional right • Can waive this right • Jury selected through jury list • 12 jurors • Counsel for both parties can question jurors • Bias, prejudicial thinking….
The Jury • Once selected • Sworn in to try the case • Makes determination of the facts that have occurred • Determines the extent of damages
Subpoenas • Legal order requiring the appearance of a person/documents to a court • Subpoena ad testificandum- orders appearance of a person • Contempt of court if you do not show
Subpoenas • Subpoena ducestecum– command to bring records and documents as evidence • Served to the person who can produce items
Opening Statements • Plantiff’s attorney- prove wrongdoing of defendant • Shell of the case • Defense attorney- indicate position of defendant and points of plantiff’s case in refute • http://www.youtube.com/watch?v=701EXbmG6F8&safety_mode=true&persist_safety_mode=1&safe=active
Burden of Proof • Plantiff’s attorney must show that the defendant violated a legal duty by not following an acceptable standard of care • Plantiff suffered injury due to defendant’s breach
Evidence • Facts proved or disproved during a lawsuit • To be admitted • Must be competent, relevant
Direct Evidence • Proof offered through direct testimony • Jury • Receive testimony • Draw conclusions
Demonstrative Evidence • Evidence furnished by things themselves • Most trustworthy and preferred type of evidence • Consists of tangible objects • Admissible if relevant
Demonstrative Evidence • Not admissible • If prejudice, mislead, confuse, offend, inflame, or arouse sympathy or passion of the jury • Multiple forms of demonstrative evidence
Documentary Evidence • http://www.youtube.com/watch?v=1jQP0Y2T2OQ&feature=relmfu&safety_mode=true&persist_safety_mode=1&safe=active • Written evidence capable of making a truthful statement • Drug inserts, birth certificates… • Authentic • Original of a document must be produced
Examination of Witnesses • Each witness takes an oath • Examined by Plantiff and cross-examined by the defense autorney
Expert Witness • For technical questions, the opinion of an expert is necessary • Training, experience, special qualifications • Give an opinion concerning hypothetical questions • Show extent or lack of damages to plaintiff • http://www.youtube.com/watch?v=J_o9D8xDGt4&safety_mode=true&persist_safety_mode=1&safe=active
Defense of One’s Action • Defendant’s case is presented to discredit the plaintiff’s case of action & prevent recovery of damages • Assumption of risks, comparative negligence, contributory negligence, good Samaritan law, ignorance of fact….
Assumption of Risk • Knowing that a danger exists and voluntarily accepting the risk by exposing oneself • Show plaintiff given consent • Relieving the defendant
Comparative Negligence • Each party is responsible for a proportional share of any damages
Contributory Negligence • Any lack of ordinary care on the part of the person injured combined with negligent act of another = injury • Person does not exercise reasonable care for his or her own safety
Good Samaritan Laws • Relieves persons from liability in certain emergency situations • Delineates the scope of immunity for those persons eligible under the law
Ignorance of the Law & Unintentional wrongs • Defendant cannot use ignorance of law to excuse his negligent actions • Must learn & understand the potential consequences of your actions in health care setting
Statute of Limitations • Time constraints that restrict the period of time after an injury occurs during which a legal action must commence • When injury occurs • When person discovers the injury
Closing Statements • Attorneys opportunity to summarize for the jury • Point out opponent’s faults • Emphasize their strong points
Judge’s Charge to the Jury • Defines the responsibility of the jury, describes the applicable law, and advises the jury of the alternatives available to it.
Jury Deliberation • Jury deliberates as to whether or not the defendant is liable • Returns to courtroom to deliver verdict
Jury Deliberation • Judge can over rule • New trial may be ordered • Losing party can motion for a new trial
Damages • Award of money to be paid to a person as compensation for loss or injury • Emotional distress, physical pain & suffering, economic loss