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Section B, Part I

Section B, Part I. The Trial. The Trial. The Anticipation Makes old men and women out of young trial lawyers. There is an exhilaration when the judge takes the bench. You and your client are on your feet, facing the bench, the judge takes his seat, everyone follows and:

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Section B, Part I

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  1. Section B, Part I The Trial

  2. The Trial • The Anticipation • Makes old men and women out of young trial lawyers. • There is an exhilaration when the judge takes the bench. • You and your client are on your feet, facing the bench, the judge takes his seat, everyone follows and: • You are about to begin one of the most difficult and exciting of human endeavors. The play is on!!!

  3. Part II: Judge or Jury Trial? • Constitutional Rights • To a jury trial in “serious” criminal cases and many civil cases. • The case is decided by 6 to 12 jurors. • A Bench Trial is decided by the judge.

  4. Judge or Jury Trial? • Factors that decide: Jury • Civil Case: Plaintiffs should lean toward this as the jury is affected by the emotional aspects of the case and are more inclined to award damages. • Criminal Case: Defendants should lean toward this as the jury must make a unanimous decision. • Factors that decide: Judge • Reliance on “Technicalities” • Cases that are Factually complex or based on Scientific evidence. • Money Issues: Judge cases are shorter. • Questions with evidence enforcement.

  5. Part III: Voir Dire • Double Meaning • Refers to pretrial inquiries to potential jurors. • Challenging a witness’ qualifications to testify. • Purpose • To allow parties to select a fair and impartial jury by eliminating potential jurors who may be predisposed against you. • Procedure • The court asks if any member of the panel knows either party or lawyer.

  6. Voir Dire • Procedure continued… • The clerk will call the name and juror number of enough panel members to equal the size of the jury. • Techniques • Watch the faces of proposed jurors during questioning. • Get to know each juror without prying. Ask open questions, which will encourage jurors to talk.

  7. Voir Dire • Disqualifying Jurors • Challenges for Cause • Asserts that a potential juror is legally disqualified from serving. • Example: Answers reveal an actual bias or a panelists appears to be too informed to serve. • Peremptory Challenges • These permit you to excuse potential jurors based on your or a client’s subjective belief • Results • A judge rarely grants challenges for cause as most potential jurors insist that they can be fair.

  8. Voir Dire • Two Basic Rules • You can not ask potential jurors to “prejudge a case,” or reveal how they would decide a case. • Voir Dire questions must be relevant to predisposition. This rule seeks to protect the privacy of potential jurors by preventing attorneys from pursuing remote topics, like TV shows they watch or books that they read. • Completion • The Clerk will administer the oath of jury and the next stage begins.

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