THE TRIAL.
A. Opening Statements. AS the text states both attorneys are allowed to make opening statements
concerning the facts to be proved.
B. Calling Witnesses. After the opening statements, each side gets to call its witnesses.
1. Direct Examination. In this case, Adams is the plaintiff and has the burden of proving his facts
are correct. He will therefore call and question the first witness. This examination is call "direct
examination."
2. Cross Examination. Once Adams has finished is questions, it is then Jones turn to ask the
witness questions. This is called "cross examination."
3. Redirect and recross may occur.
C. Move For Directed Verdict. At the conclusion of plaintiff's case, the defendant may move for a "directed
verdict." Such a verdict will be issued if the plaintiff has failed to prove his case. SUCH MOTIONS
ARE RARELY GRANTED
.
D. Defendant Puts on his Evidence. Same procedure as plaintiff (i.e. direct examination, cross examination,
redirect and recross).
E. Either party may move for a directed verdict at the end of defendant's case.
F. Closing Arguments. After both sides have rested their case, the attorneys present a closing argument.
G. Jury Instructions. The next step is that the judge will give the jury instructions.
H. Jury then returns a verdict.
I. JNOV. The losing party can ask for a judgment not withstanding the verdict (called a "JNOV").
1. The losing party must have first request a directed verdict.
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2. The standard is the same as that for a directed verdict.
VII. THE APPEAL.
A couple of quick points about appeals.
A. Notice of appeal must be given within 30 days of entry of the judgment.
b. Appeals courts do not hear evidence. The appeals court decision is based on the record and the briefs.
C. The appellate court may reverse, affirm or modify a judgment.
D. Higher Court Appeals. We have already talked about appeals to the Supreme Court.
VIII. OTHER FORMS OF DISPUTE RESOLUTION. There are several other forms of dispute resolution. The text
lists "Mediation" and "Arbitration."
A. Mediation. In the mediation process, the parties themselves must reach an agreement. The mediator is
what we call a "facilitator." His job is to merely keep the parties talking until a resolution can be
reached.
1. Mediators usually are not attorneys.
B. Arbitration. In contrast, with arbitration, the arbitrator's decision is legally binding on the parties.
