During this questioning, attorneys ask each juror if he or she has any biases against upholding the law and whether he or she can keep an open mind during the trial. The process then continues with attorneys quizzing each potential juror in turn. The questionnaire asks the jurors to identify their occupation, any work or occupational conflicts, and any potential conflicts of interest with the case. Voir dire typically begins with the jurors filling out a written questionnaire. The process of selecting a petit jury is called voir dire The questioning of prospective jurors. If a jury needs twelve members, it’s not unusual for a judge to begin with a pool of more than fifty or sixty potential jurors to narrow down to a dozen. The first step in this process is to seat a jury.Īt any given day in a courthouse, several citizens may be called by a judge as potential jurors in a case. The trier of fact applies the facts to applicable law as instructed by the judge and determines guilt or innocence in a criminal case, or liability or no liability in a civil case. Remember that a trial is a fact-finding process, through which the trier of fact (the jury in most cases or the judge in a bench trial) attempts to determine what happened. If a case actually goes to trial, it means there are genuine issues of fact that the parties cannot resolve, and both sides are determined to see their side win. In civil litigation, this is a most unusual development, for well over 90 percent of cases filed are resolved or settled before a trial. Explore the public policy rationale for the trial system.Īfter discovery is finally completed, and assuming that neither side has been successful in short-circuiting litigation through motions, the case is finally scheduled for a trial.Follow a trial from opening statement to closing arguments.
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