Which party starts the trial, the plaintiff or defendant? Why?
Plaintiff. Because he/she is bringing the lawsuit
What is the difference between a civil and criminal trial?
In a civil trial, the lawsuit is between two individuals that are seeking a monetary (or similar) award. In a criminal trial, the lawsuit is between a person and the state/federal government, and the trial may result in jail time.
In a criminal case, who has the burden of proof?
The prosecution must prove the defendant is guilty "beyond a reasonable doubt."
What is hearsay?
An inadmissible statement made outside of the courtroom.
What is the 90-10 rule?
It is the rule that during direct examination the attorney only talks 10% of the time while the witness talks during the other 90%. The reverse is true during cross examination.
What is the sworn written statement of a witness called?
The affidavit
In a civil trial, is the losing party "liable" or "guilty"?
In a civil trial, the losing party is "liable."
What does "overrule" mean?
The judge disagrees with the grounds for objection and dismisses the objection.
What is case law?
The law as established in previous court decisions, or legal precedent.