Step 2. Opening Statements. The lawyers for each side will discuss their views of the case that you are to hear and will also present a general picture of what they intend to prove about the case. What the lawyers say in their opening statements is not evidence and, therefore, does not help prove their cases.
Step 3. Presentation of Evidence. All parties are entitled ( ) to present evidence. The testimony () of witnesses who testify () at trial is evidence. Evidence may also take the form of physical exhibits, such as a gun or a photograph. On occasion, the written testimony of people not able to attend ( ) the trial may also be evidence in the cases you will hear.
Step 4. The Instructions. Following presentation of all the evidence, the judge instructs the jury on the laws that are to guide the jury in their deliberations on a verdict. A copy of the instructions will be sent to the jury room for the use of jurors during their deliberations. All documents or physical objects that have been received into evidence will also be sent to the jury room.
Step 5. Closing Arguments. The lawyers in the closing arguments summarize the case from their point of view. They may discuss the evidence that has been presented or comment on the credibility () of witnesses. These arguments are not evidence.
Step 6. Jury Deliberation. The jury retires to the jury room to conduct the deliberations on the verdict in the case they have just heard. The jury first elects a foreman who will see to it that discussion is conducted in a sensible and orderly fashion, that all issues are fully and fairly discussed, and that every juror is given a fair chance to participate.
When a verdict has been reached, the foreman signs it and informs the bailiff. The jury returns to the courtroom, where the foreman presents the verdict. The judge then discharges ( ) the jury from the case.
29. . .
Civil Cases
Civil cases are usually disputes between or among private citizens, corporations, governments, government agencies, and other organizations. Most often, the party bringing the suit ( ) is asking for money damages ( ) for some wrong that has been done. For example, a tenant () may sue ( ) a landlord () for failure to fix a leaky ( ) roof, or a landlord may sue a tenant for failure to pay rent. People who have been injured ['inXəd] () may sue a person or a company they feel is responsible for the injury.
The party bringing the suit is called the plaintiff (); the party being sued is called the defendant (). There may be many plaintiffs or many defendants in the same case.
The plaintiff starts the lawsuit by filling a paper called a complaint (), in which the case against the defendant is stated. The next paper filled is usually the answer, in which the defendant disputes () what the plaintiff has said in the complaint. The defendant may also feel that there has been a wrong committed () by the plaintiff, in which case a counterclaim ( ) will be filled along with the answer. It is up to the plaintiff to prove the case against the defendant. In each civil case the judge tells the jury the extent (, ) to which the plaintiff must prove the case. This is called the plaintiff's burden of proof ( ), a burden that the plaintiff must meet in order to win. In most civil cases the plaintiff's burden is to prove the case by a preponderance () of evidence, that is, that the plaintiff's version of what happened in the case is more probably true than not true.
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Jury verdicts do not need to be unanimous [ju:'næniməs] () in civil cases. Only ten jurors need to agree upon a verdict if there are 12 jurors: five must agree if there are six jurors.
Criminal Cases
A criminal case is brought by the state or by a city or county against a person or persons accused of having committed a crime. The state, city, or county is called the plaintiff; the accused person is called the defendant. The charge () against the defendant is called an information or a complaint. The defendant has pleaded () not guilty and you should presume () the defendant's innocence () throughout [θru:'aut] () the entire [in'taiə] () trial unless the plaintiff proves the defendant guilty. The plaintiff's burden of proof is greater in a criminal case than in a civil case. In each criminal case you hear the judge will tell you all the elements of the crime that the plaintiff must prove; the plaintiff must prove each of these elements beyond reasonable doubt before the defendant can be found guilty.
In criminal cases the verdict must be unanimous, that is, all jurors must agree that the defendant is guilty in order to overcome the presumption [pri'zΛmp∫n] of innocence.
30. . .
VERDICT.
Verdict, in law, is the pronouncement () of the jury ( ) upon matters of fact ( ) submitted to ( ) them for deliberation () and determination (). In civil cases, verdicts may be either general or special. A general verdict is one in which the jury pronounces generally upon all the issues (), in favour of either the plaintiff () or the defendant (). A special verdict is one in which the jury reviews the facts, but leaves () to the court any decisions () on questions of law () arising from ( ) those facts. As a rule ( ) special verdicts are not applicable to criminal cases, and in most instances ( ) the jury renders () a general verdict of "guilty" () or "not guilty."
All jury members must be present in court when the verdict is given.
