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This 2 page Class Notes was uploaded by Lexie Barclay on Tuesday September 6, 2016. The Class Notes belongs to BLAW at University of Arkansas taught by John Norwod in Fall 2016. Since its upload, it has received 14 views.
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Date Created: 09/06/16
BLAW Notes Ch. 2 September 2, 2016 TRIAL PROCEDURES ● The Jury: # of jurors varies by state (not always 12!) and does not always require a unanimous vote to reach verdict ○ # of votes/jurors varies and is unimportant ● SELECTION: “voir dire”challenges fo ause and peremptory challenges ○ Peremptory challenges ■ Lawyers can dismiss jurors, for no reason ■ Limits: cannot be based on gender, sexual orientation (9th circuit only), or race ■ Lawyers research potential jurors ○ Lawyers do NOT try to find jurors who will review case fairly and view facts impartially ■ They want the jurors who are most likely to side with their case ■ EX: Bulger case jury selection ■ Legal precedent in AR: you cannot ask potential jurors about their religion ● Once Jury is Selected ○ Opening statements by lawyers: NOT evidence ○ TESTIMONY ■ Direct vs cross examination ■ Hearsay ■ Criminal cases: prior convictions generally not admissible ○ Jury must make decision based SOLELY on evidence presented in court HOW TRIAL JUDGE EXERCISES POWER OVER JURY ● Summary judgement (this case is not worthy of coming to trial) ● Direct verdict (judge gives verdict bc “evidence is overwhelmingly in favor of the defendant/plaintiff”) ● Judgement NOV THE APPEAL 1. Notice of appeal filed with trial court 2. Brief filed by lawyers 3. Oral arguments by lawyers 4. NO new evidence, no witnesses 5. ACTION by appellate court a. Affirm, reverse, remand (completely new trial), modify (change outcome such as $ amt of reward, penalty, etc) CLASS ACTION LAWSUIT: multiple plaintiffs suing the one party EX: Volkswagon VS victims settled for $14.7 billion lawyers make the big money in these cases COLLECTION OF JUDGEMENTS (when guilty defendant can’t/won’t pay) ● “Nonexempt” assets can be seized ● “Garnishment”seizure of wages ● We no longer have “debtors prison” in the US so these ppl can no longer go to prison for this 7. D 8. B 9. A 10. D
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