Mastering the Bar Exam: Civil Procedure: Trial Process (Section Five)

Jury Selection and the Role of the Jury

Jury Selection (Voir Dire)

Jury selection, or voir dire, is the process of selecting jurors who will decide the case. It involves questioning prospective jurors to uncover biases or preconceptions that may affect their impartiality. The goal is to assemble a jury capable of rendering a fair and impartial verdict based on the evidence presented.

The process typically starts with a large pool of potential jurors. Both attorneys (and sometimes the judge) question these individuals about their backgrounds, beliefs, and any potential connections to the case. This questioning helps identify any jurors who might be unable to be impartial.

Attorneys can challenge potential jurors using two types of challenges:

Peremptory Challenges: These allow an attorney to exclude a juror without stating a reason. However, they cannot be used to exclude jurors based on race, ethnicity, or gender, as established in cases like Batson v. Kentucky.

Challenges for Cause: These are used when an attorney can demonstrate that a juror cannot be impartial. There is no limit to the number of these challenges.

Bench Trials

In a bench trial, there is no jury, and the judge acts as both the trier of fact and the decider of law. Bench trials are common in cases where the factual issues are not in significant dispute or are highly technical, and legal expertise is paramount. The procedures in a bench trial are generally the same as in a jury trial, but the judge will make the final decision on both the facts and the law.

Pretrial Motions

Pretrial motions are legal requests filed by parties to obtain a ruling or order from the court before the trial starts. These motions aim to resolve certain issues, clarify the matters to be tried, or even dispose of the case without a trial.

Motions in Limine

One of the most common pretrial motions is the motion in limine, which seeks to admit or exclude certain evidence before it is presented at trial. These motions are crucial because they help avoid the presentation of prejudicial, irrelevant, or otherwise inadmissible evidence to the jury. Rulings on motions in limine shape the scope of evidence that will be presented during the trial.

Opening Statements

The trial begins with opening statements, where each party outlines their case and what they intend to prove. The plaintiff's attorney usually goes first, followed by the defendant's attorney. Opening statements are not evidence but provide a roadmap of what each side believes the evidence will show.

Presentation of Evidence

The bulk of the trial involves the presentation of evidence. The plaintiff presents their case first, followed by the defendant. Evidence includes witness testimony, documents, and physical objects. Each witness is subject to direct examination by the party that called them and cross-examination by the opposing party.

Closing Arguments

After the evidence has been presented, each side makes closing arguments. This is the opportunity for the attorneys to summarize the evidence, draw inferences, and persuade the jury or judge to rule in their favor.

Jury Instructions and Deliberation

In a jury trial, after closing arguments, the judge provides the jury with instructions on the law that applies to the case. The jury then deliberates in private, applying the law to the facts as they have determined them from the evidence. Their deliberations conclude with a verdict.

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