1.11 The Trial
Opening Statements
Once the jury is impaneled, the parties begin the trial with a party’s opening recitation of facts and legal issues that are central to the case , which are usually straightforward recitations of the facts and legal issues that are central to the case.
The Plaintiff's Case
After opening statements, the plaintiff begins to present his or her version of the case, called the a plaintiff’s version of the case. It is the plaintiff’s responsibility to establish the facts sufficient to meet the a plaintiff’s responsibility to establish the facts in order to prove his or her claim required by the law related to the claims.
Burden of Proof
In legal matters, four burdens of proof are applied in different contexts.
Prima Facie
First is the prima facie case. This means that at first sight the facts establish some truth of sufficient weight as to require a defendant to be called to answer for it. It is the lowest standard of proof.
Preponderance of Evidence
The second burden of proof is a burden of proof in which the amount of evidence is of sufficient weight to be found true , meaning, in the vernacular, more likely than not. In other words, the evidence is of sufficient weight to likely be found true.
Clear and Convincing Evidence
The third, A burden of proof in which the evidence presented is so clear that it requires the assent of every reasonable mind, is yet a higher burden and requires that the evidence presented is so clear that it requires the assent of every reasonable mind; that is, the proof is unambiguous.
Beyond a Reasonable Doubt
Fourth, the a burden of proof in which the evidence determines that no other logical explanation can be derived from the facts standard, which is applied only in the criminal law context, is where the proof establishes that no other logical explanation can be derived from the facts.
Meeting the Burden of Proof
At trial, the plaintiff attempts to meet the relevant burden of proof by questioning witnesses through The questioning of a party’s witnesses in a trial and submitting documents related to the examination. If the plaintiff’s case-in-chief does not establish the facts and law to support the claim, the defendant may make a a party’s request to the judge to issue a verdict before the case is submitted to a jury , wherein he or she asks the court to decide in his or her favor without the presentation of a defense. If this motion is granted, the case is over. If the motion is denied, the defense may then conduct a questioning A party’s questioning of the opposing party’s witness of the witnesses in order to impeach them through showing they were misinformed, untruthful, biased, or incompetent. A plaintiff may then rehabilitate a witness's credibility through A party’s further questioning of its witness after he or she has been cross-examined .
The Defendant's Case
After the plaintiff has finished his or her case, the matter then shifts to the defendant to show the facts alleged by the plaintiff are not true, that the law does not support the claim, or that defenses excuse his or her behavior. Like the plaintiff, the defense may present witness testimony and documentary evidence. The matter then shifts back to the plaintiff to challenge the defense claims in what is called the a plaintiff’s challenge to the defendant’s claim , and then back again to the defendant for a a defendant’s answer to the plaintiff’s rebuttal .
Closing Statements
At the end of each party’s case, the judge closes the case to new evidence and gives the parties time to make aclosing statement, wherein each party attempts to debunk the theory of the others' case and urge the jury to rule in its favor. The judge then instructs the jury on the law and the case goes to the jury for the time in which a jury considers all facts presented in a case before issuing a verdict . Deliberation is the jurors' careful discussion about the facts, as presented at trial, and about the law, as instructed by the judge.
Deliberation, Verdict, and Judgment
The process of deliberation may be a few minutes or may take several days. Upon reaching a decision, the jury issues a a jury’s complete finding and conclusion on the issues presented in a case —a complete finding and conclusion on the issues presented. The court then enters a judgment, the official decision, in accordance with the jury verdict. In extremely rare cases, if a judge discovers bias or jury misconduct he or she may reject or amend the verdict, under the procedure known as a judge’s rejection of a jury’s verdict after discovering bias or misconduct among the jury . Additionally, upon motion by either party, a judge, if he or she believes the manifest weight of evidence did not support the jury verdict, may order a a retrial of a court case . In a criminal case, a jury may not reach the requisite number of votes to either convict or acquit a defendant. This is known as a hung jury, and will result in a new trial.
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