Module # 2 Civil Trial
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Transcript of Module # 2 Civil Trial
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Module # 2 Lecture
Structure of a Civil Trial
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Parts of a Civil Trial• Commencement of the law suit
• Motions
• Voir Dire
• Opening Statements
• Plaintiff’s Case in Chief
• Defendant’s Case in Chief
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Parts of a Civil Trial (con’t)• Plaintiff’s Rebuttal
• Jury Instructions
• Closing Statements
• Jury Deliberation
• Jury Verdict
• Judgment by the Court
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Hypothetical Case
• Paul sues Dan for a traffic accident
• Alleges Dan ran through a STOP Sign.
• Negligence Theory: Duty, Breach, Causation, Damages
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Commencement of the Law Suit
• Pleadings: COMPLAINT w/ SUMMONS & ANSWER
• COMPLAINT: In Federal and Washington: NOTICE pleading :– “short and plain statement of the claim showing that the pleader is
entitled to relief.”– Defendant must be made aware of why they are being sued
• Filed with the Court Clerk
• Complaint must be “served” on defendant within 90 days of filing with the Clerk
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Commencement of the Law Suit
• Defendant(s) files an ANSWER• Defendant will respond to the Complaint by:– Admitting– Denying– Denying for lack of knowledge
• May raise “defenses” to the Complaint• Make a motion under CR 12(b)(6); see Motions Section.
– CR = Court Rule
• Defendant may also bring claims against the Plaintiff• Must respond within 60 days of receiving the Complaint
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Motions
• CR 12(b)(6)
• Summary Judgment
• Motions in Limine (MIL)
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CR 12(b)(6)
• “[F]ailure to state a claim upon which relief can be granted.”
• The Moving party – the Defendant(s)– is stating that there is no reason for a complaint as nothing is wrong.
• Successful only if “it appears beyond doubt that the plaintiff can prove no set of facts, consistent with the complaint, which would entitle the plaintiff to relief.“
• Must be filed in the Answer or it is “waived.”
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Summary Judgment• A motion submitted by either party “show[ing] that there is
no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” CR 56(c).
• The judge weighs all evidence in “the light most favorable to the non-moving party.”
• Filed by either Party after all the “Pleadings” have been served.
• This a means to dispose of the case prior to trial.
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Motions in Limine
• The purpose of a Motion in Limine is to either prevent evidence from being admitted at trial or ensuring evidence is admitted at trial.
• I.e. preventing “Subsequent Remedial Measures” from being introduced at trial in a Negligence Claim. ER 407 (ER = Evidence Rule).
• Argued before the Judge at a “Motions Hearing” prior to the beginning of the Trial.
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Voir Dire
• Jury Selection
• Counsel for each party asks questions of the venire (jury panel) to determine: Bias, Interest, Prejudice, or Inability to Serve as a Juror.
• Called a “Challenge for Cause.”
• Unlimited Challenges for Cause.
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Voir Dire
• Peremptory Challenges
• Excusing a juror from something other than cause.
• Usually limited (i.e. 3) depending on the case.
• Peremptory Challenges can not be based on Race or Gender. Batson v. Kentucky, 476 U.S. 79 (1986) (Race) and J. E. B. v. Alabama, 511 U.S. 127 (1994) (Gender)
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Voir Dire • Batson Challenge; in re Peremptory Challenges
• Litigant must be part of a “cognizable” racial/gender group.
• Assertion made that opposing party is using peremptory challenges in a discriminatory manner.• Must establish a “prima facie case.” Evidence sufficient to prove more
likely than not that a party is acting in a discriminatory manner.
• Opposing party has opportunity to provide a “race/gender neutral” reason.
• Judge makes determination on the record as to whether challenge was made on neutral factors.
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Opening Statements• Plaintiff goes first
• Followed by the Defense
• Opening statements are not “argument.” Cannot talk about law only facts of the case.
• Parties will tell the jury what evidence is “likely” to be presented.
• Establishes a Party’s “Case Theory.”
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Plaintiff’s Case-in-Chief• Calling of witnesses
• Admission of Evidence
• Direct Examination– Plaintiff may ask only “open-ended questions.”
• Cross-examination– Defense may ask “leading questions.”
• Plaintiff may re-direct
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Plaintiff’s Case-in-Chief
• Plaintiff will rest once all witnesses/evidence has been admitted.
• Either Party of Both may then move for Summary Judgment
• Judge may Order or Deny a motion for Summary Judgment.
• If Ordered the case is over and the moving party wins.
• Usually, Summary Judgments motions are Denied during trial.
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Defendant’s Case-in-Chief
• Proceeds in a similar manner as the Plaintiff’s Case-in-Chief.
• Defendant asks Opened Ended questions on Direct Examination
• Plaintiff asks leading questions on Cross Examination
• Once Defendant rests, parties can again move for Summary Judgment.
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Plaintiff’s Rebuttal
• At the end of the Defendant’s Case, the Plaintiff may introduce Rebuttal Evidence/Witnesses, challenging the Defendant’s case.– This is allowed because the Plaintiff has the “burden” of establishing
their case; thus extra time to “make” their case.
• Proceeds in the same manner as the Plaintiff’s Case-in-Chief.
• Plaintiff then rests.
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Jury Instructions
• Parties submit sample Jury Instructions to the Judge on how the Jury should be instructed.
• Instructions involve such things as the relevant law and the burden of proof.
• Judge determines which Instructions to use and them Instructs the jury.
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Closing Statements
• Parties argue the facts of the case in relation to the Jury instructions to make their case.
• Plaintiff goes first.
• Defense responds
• Plaintiff give a rebuttal closing.
• After instructions the Jury is dismissed to deliberate.
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Jury Deliberations
• Jury considers only the facts established at trial
• Analyzes those facts against law provided in the Instructions.
• Depending on the jurisdiction a Verdict need not be “Unanimous.” Can be 10-2 or in some jurisdictions 9-3.
• If jury finds the Defendant “Liable” the “Damages” are awarded, based on the Defendant’s fault.
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Judgment
• Once the Jury has rendered its Verdict, the Judge will review it. Pass Judgment.
• Judges rarely over-turn a Jury’s Verdict.
• In a Civil Case, if the Plaintiff wins, Damages are awarded.
• Losing party has a right to appeal.
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Review
• The Trial System is the backbone of the American Justice System and this Course
• Trials are set up to ensure fairness to all parties
• All 12 parts of a Trial are important
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Review
• Pre-Trial: Filing of the Complaint and Motions Practice– In reality most cases are settled prior to trial through a Negotiated
Settlement.– This is the MOST IMPORTANT part of any trial, because this is where
the Parties can ensure problematic evidence is not admitted
• Trial: Voir Dire, Opening, Cases in Chief, Jury Instructions, Closing, Jury Deliberation, and Verdict.– Challenges: for CAUSE and PEREMPTORY– Case Theory: Frames the case from a Party’s perspective– Case-in-Chief: Witnesses & Evidence– Closing: ties facts admitted at trial to relevant law– Verdict: Jury’s Decision