The Parties
the person accused of committing a crime
Who is a defendant?
A witness tells the court what they saw, heard, did, or experienced
What is testimony?
The rule concerning which party must prove their facts and to what degree the judge or jury must prove their case
The Burden of Proof
The defense's main job in a criminal case.
To create reasonable doubt in the minds of the judge or jury
The introduction to a case
What is the opening statement?
The person accusing someone else of doing a crime
Who is the prosecutor?
Emails, notes, receipts, etc that provide information about the case
What are documents?
The burden of proof in a civil case where the plaintiff must convince the judge or jury of their facts only SLIGHTLY more than the defense
What is preponderance of the evidence?
Does the defense have to prove their client innocent?
NO!
Questions designed to get the witness to tell a story and recite what they saw or experienced
What is direct examination?
the trier of fact in a bench trial
Who is a judge?
Articles such as weapons, drugs, DNA, etc that can provide information about what happened
The burden of proof in a criminal case
What is beyond a reasonable doubt?
What is an alibi?
the purpose of this is to demonstrate to the judge or jury that the witness is not credible or to make them look bad
What is cross examination?
The side that speaks on behalf of the government
Who is the prosecution?
A professional person who shares information with the judge or jury based on their medical, scientific, or similar expertise
The reason a criminal case has a higher burden of proof
The stakes are higher (someone could go to jail)
Calling into question the credibility of a witness's testimony
What is impeachment?
To purpose is to convince the judge that based on all of the facts, there is still reasonable doubt
What is the DEFENSE closing argument
In a civil case, the person who complains about something another person did or failed to do
Who is the plaintiff?
When an attorney questions a witness, we call it an _________
examination
Does the prosecution have to prove their case beyond all possible doubt?
No, only beyond all reasonable doubt
Showing that a defendant was trying to protect themself
What is self defense?
What is a redirect examination?