Chapter 3 Litigation September 15th 2014 3 4 The Trial and Appeal Learning Objectives Learn about jury selection Follow a trial from opening statement to closing arguments Explore the public policy rationale for the trial system Selection of Jury for Trial Post discovery the case is scheduled for a trial o Implies that there are genuine issues that parties cannot resolve and both sides are determined to see their side win First step in trial is to seat a jury Voir dire Questioning of prospective jurors o Begins with jurors filling out a written questionnaire o Attorneys in turn quizzes each potential juror o If an attorney does not like a juror s response that juror may be excused Challenges Faced by a Potential Juror For cause Challenge to be a prospective juror for a good reason such as bias Peremptory Challenge to a juror without a given reason Beginning of a Trial Once a jury has been selected a sworn in the trial begins Prosecution begins with an opening statement o Opening Statement lays out the essential facts No arguments are made by attorney during an opening statement Examination Phase Jurors are presented with witnesses called by each side to give evidence The attorney guides witness in delivering testimony during this phase Objections can be raised by opposition Leading questions are not permitted during this phase
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