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Court Procedures
Pre-Suit Considerations
Factors for the parties to consider in determining
whether to bring a lawsuit, defend a lawsuit, or
settle a lawsuit:
probability of wining or losing;
loss of time by management and other personnel;
Pre-Suit Considerations
long-term effects on the relationship and reputation
of the parties;
unpredictability of the legal system and possibility of
error; and
legal fees.
Stages of a Trial
Jury Selection: the pool of potential jurors is
usually selected from voter or automobile
registration lists.
The trial judge or the attorneys for the parties ask
a panel of prospective jurors to answer a series of
questions (a.k.a. voir dire).
Florida: ________ jurors for a civil case and
______ jurors for a criminal case, except
_________________________________.
Stages of a Trial
Opening Statements: each partys attorney is
allowed to make an opening statement to the
jury.
Stages of a Trial
Examination of Witnesses:
Direct Examination: after the witness is sworn in,
the plaintiffs (or states) attorney questions the
witness.
Cross-Examination: after the plaintiffs attorney
has completed his or her questions, the
defendants attorney can question the witness.
Re-Direct: after cross-examination, the attorney
who called the witness has a final opportunity to
ask questions.
Stages of a Trial
Defendants Case: the defendants case
proceeds after the plaintiff has concluded his or
her case.
Rebuttal: after the defendants attorney has
completed calling witnesses, the plaintiffs
attorney has a rebuttal.
Closing Argument: after both sides have
presented all of their evidence, counsel for each
party makes a closing argument.
Stages of a Trial
Jury Instructions: at the end of closing
arguments, the judge reads jury instructions to
the jury.
Jury Deliberation: the jury then retires to the jury
room to deliberate its findings.
Stages of a Trial
Verdict: the jury then renders a verdict setting
forth its findings and the amount of damages, if
any.
Standards of Proof:
Civil:_____________________________________.
Criminal:__________________________________.
Post Litigation
Dispositive Motions: motions asking the trial
court to dispose of a partys claims for
affirmative relief, to alter or disregard the jurys
verdict, or to order a new trial.
Post-Litigation
Motion for Directed Verdict: a motion for the
judge to take the decision out of the jurys hands
and direct a verdict for the moving party
because the non-moving party has failed to
provide sufficient evidence to prevail on its
claims.
Post-Litigation
Motion for Judgment Notwithstanding the Verdict
(Motion for J.N.O.V.): a motion asking the court
to enter judgment in favor of the moving party,
despite the jurys verdict in favor of the nonmoving party.
Post-Litigation
Motion for New Trial: a motion asserting that the
trial was so fundamentally flawed that a new trial
is required to prevent a miscarriage of justice.
Appellate Procedure
What is filed with the appellate court?
Generally:
a notice of appeal;
a record or transcript of the pleadings, motions,
hearings, and trial before the trial court; and
briefs.
Appellate Procedure
Based on the arguments raised in the briefs
and, if there is one, at oral argument, the
appellate court may:
affirm;
reverse and remand; or
reverse and render a new judgment or ruling.