Judge vs. Jury
What are 2 roles of the judge?
What is:
Ruler of the courtroom, Sustaining objections, overruling objections, Guide for the jury
Explain inadmissible vs. admissible evidence.
What is:
Inadmissible Evidence:
evidence that cannot be used in court because it is irrelevant, illegally obtained, confusing or misleading, or hearsay
Admissible Evidence:
evidence that can be used in court because it adheres to the courtroom rules and is relevant, legal, and reliable
What are the two sides in a criminal trial?
What is:
Prosecution and Defense
What is a bailiff and what do they do?
The courtroom security guard who maintains order in the court.
What is the first thing the attorney delivers in a trial?
What is:
Opening Statement
What 2 things does the jury determine in a civil trial?
What is:
Liability and amount in damages the defendant must pay if they are found liable
What is the difference between hearsay and testimonial evidence?
What is:
Testimonial evidence is direct evidence from a witness or an expert but the evidence is first-hand. Hearsay evidence has been passed down and was not directly experienced by the witness- all hearsay is inadmissible
What are the two sides in a civil trial?
What is:
Plaintiff and Defense
Who is the Judge’s assistant that manages documents, maintains records, and prepares the courtroom?
Who is:
Clerk
What is the direct examination?
What is:
When the attorney questions their own witness in order to get evidence from them
What does it mean when the judge sustains the objection?
What is:
The judge agrees with the attorney objecting and the evidence/testimony must be crossed out and is unable to be used by the jury.
What are the two broad categories that all types of evidence fall into?
What is:
Spoken evidence and physical evidence
What is the usual punishment in a civil trial if the defendant is found liable?
What is:
Paying the plaintiff in damages
What is an alibi?
What is:
The defense given that "proves" that the defendant could not be guilty because: they were somewhere else, they were unable to commit the crime, someone saw them that day, etc.
What is the cross examination?
What is:
When the attorney questions the opposing teams witness in order to make their testimony seem less valid
What does it mean when the judge overrules the objection?
What is:
The judge disagrees with the attorney's objection and the trial moves on as if nothing happened.
What are the two types of testimonial evidence?
What is:
Direct/Eyewitness testimony and Expert testimony
What is a settlement and in which type of case does it exist?
What is:
When both parties agree on an amount of money to be paid or reach an agreement, usually without needing to go to trial. Occur in civil cases
What is the vocabulary word for the decision made by the judge or jury at the end of a trial?
What is:
Verdict
What is the purpose of a closing statement?
What is:
To deliver the final punch and fully convince the jury to side with you
What is it called when the jury cannot decide on a verdict and the judge declares that the trial must be redone?
What is:
A mistrial
Give one example of explicit evidence and one example of implicit evidence.
What is:
Explicit: any example that shows clear and direct evidence that does not require any inference
Implicit: any example that requires thought to draw a conclusion and does not directly answer the question of guilt
What is a plea and in which type of trial does it exist?
What is:
When the defense admits guilt and takes a lighter sentence because they admitted guilt faster and without needing the complete the entire trial. Occur in criminal cases
What is the burden of proof and who has it in both types of trials?
What is:
The obligation of a party to prove their claims or to prove the other sides guilt/liability
Plaintiff in a civil case
Prosecution in a civil case
Name the 3 types of attorney found across civil and criminal trials.
What is:
Plaintiff attorney, prosecution attorney, defense attorney