TRIAL

Document Sample
TRIAL Powered By Docstoc
					CIVIL LITIGATION

TRIAL
               CIVIL TRIAL- JURY TRIAL

   Constitutional Limitation
     Sixth   Amendment-
        guaranteed   for criminal proceedings
     Seventh   Amendment
        ENTITLEDto a jury trial
        Damages over $20.00
           (trial not guaranteed)
           Plaintiff must demand the jury trial
         DEMAND OF JURY TRIAL

 Complaint
 Motion the court after complaint

 Stipulation by the parties

 Parties must agree if one party motions for
  bench trial
            PURPOSE OF JURY

 Fact Finder
 Representation of the community

 Assess credibility

 Common sense approach

 Dispute resolution
                       VOIR DIRE

 “Speak the truth”
 Jury selection
     Most  important part of trial process
     Select a:
                 but
        Impartial

        Sympathetic juror
                    VOIR DIRE

   Lawyers hire trial consultants:
     Experienced lawyers
     Psychologists

     Companies
                  VOIR DIRE

   Ideal juror
     Dominant

     Passive

     Flexible
                 JURY SELECTION

   Develop a case theory
     Whatis your version of the case?
     How will you prove it?
               JURY SELECTION

 Identify the issue(s) of the case
 Identify the characteristics of your client

 Identify the characteristics of the juror that
  will identify with your client
 Create a juror profile checklist

 Develop questions for jurors
                   JURY SELECTION

   Identify the issue(s)
     Element(s)  of cause of action and
     Facts that are in dispute
                  JURY SELECTION

   Identify characteristics of your client
     Age

     Socio-economic    background
     Lifestyle

     Gender

     Education

     Employment

     How   the client perceives his/herself
                    JURY SELECTION

   Identify the characteristics of your client
     Personality

     How  she is perceived by others
     How she will be perceived by others based on
      the evidence.
                  JURY SELECTION

   Identify the characteristic of your client
     Keep   in mind
        Jurors react to attractive clients
        Women may feel resentful towards

        Dress

        Attractive clients tend to win

        Unattractive clients tend to lose

        Appearance of weakness or strength
                   JURY SELECTION

   Characteristics of juror that will be impartial
    but be sympathetic towards client
     May    require psychological research
     Age

     Education

     Socio-economic    class
         experiences
     Life

     Physical demeanor
                  JURY SELECTION

   Characteristics of juror who is impartial but
    sympathetic towards client
     Education

     Employment

     Lifestyle

     Gender

     How  the juror perceives him/herself
     Experiences similar to that of the clients
                  JURY SELECTION

   Create jury profile checklist
     Characteristics to look for during questioning
     Include in jury questionaire
                  JURY SELECTION

   Develop the jury questions that includes:
     Elements  of the cause of action
     Facts that are in dispute

     Characteristics of client and juror
                 JURY SELECTION

   Purpose of voir dire
     Alljurors have preconceived notions and bias
     Identity those preconceived notions and biases

     Adversely affect client
                 JURY SELECTION

   Kind of questions
     Open-ended   questions
     Narrative answers

     Get into the mind of the juror
                    JURY SELECTION

   Categories of questions:
     Analogy

     Educational

     Commitment

     Correlational

     Selectional
                   JURY SELECTION

   Analogy question:
     For   example:
        Do you remember a time in grade school or middle
         school that you or a friend yours was accused of
         something you or your friend did not do?
        Comparing the conduct of the client to the jurors
         conduct
        Purpose is to have the juror relate to the client
                   JURY SELECTION

   Educational questions:
     For   example:
        Does  a total and permanently disable person mean
         that the person cannot work or that the person cannot
         perform the customary job functions of a particular
         task?
        Places the jury’s knowledge in question

        Purpose- preconceived notions about total and
         permanently disabled people.
                   JURY SELECTION

   Commitment questions:
     For   example:
       Would  there be any reason why you would not award
        damages if the damages were proven?
       Questions the juror’s commitment to the process.

       Purpose is to identify if the juror believes in
        compensation or if the juror believes the plaintiff is
        suing for the sole purpose of money.
       Juror will do their job as required.
                    JURY SELECTION

   Correlational questions:
     For   example
        How  many of you said a small white lie?
        Places the juror in the position of the client at the time
         of the event
                    JURY SELECTION

   Selectional questions:
     For   example:
        How   do you feel about insurance companies?
        How do you feel about guns?

        It selects or aims at a certain part of society or issue.
                 WRITTEN QUESTIONS

   Language must be:
     Certain

     Detailed

     Specific
        For   example:
           It was a horrible accident. Or
           The rook caved in.

           Which of the two is the most certain, detailed and specific
 OBSERVATIONS DURING QUESTIONING

 Create a jury seating chart
 Associate or paralegal takes notes:
     Reaction to questions
     Rigid posture and relaxed facial expressions

     General attitude

     Demeanor

     Reaction to the answers of others

     Reaction towards the judge
    OBSERVATION DURING QUESTIONING

   Additional observations
     Distraction

             to understand the question
     Inability

     Bonded to lawyer

     Language when answering
        Uncertain language- sort of, kind of, maybe
        Too boastful- definitely, really or very

     Eye   contact when answering the question
                      CHALLENGES

   Challenge for cause
     Jury   answer reflects bias or preconceived notions
   Preemptory challenge
           answer does not reflect bias or
     Jury’s
      preconceived notions but:
        Hostile

        Attitude

        Distracted

        chemistry

				
DOCUMENT INFO
Shared By:
Categories:
Stats:
views:10
posted:6/26/2011
language:English
pages:29