A general rule of thumb is that argument is anything other than a recitation of evidence, testimonial or exhibit, that the advocate has a good-faith belief will be admitted at trial. A simple test is to examine each sentence in your opening statement and identify which witness (or exhibit) will say what you are saying.

In a criminal case, the prosecuting attorney speaks first. To begin, the prosecuting attorney gives an overview of the facts that will be presented. The defense attorney may present the same type of opening comment or may save the opening statement until later in the trial when that side of the case begins.

The opening statement at the beginning of the trial is limited to outlining facts. This is each party’s opportunity to set the basic scene for the jurors, introduce them to the core dispute(s) in the case, and provide a general road map of how the trial is expected to unfold.

Following the opening statements, the attorney for the plaintiff presents evidence. Thereafter, the defendant may or may not choose to present evidence as he or she sees fit. Evidence falls into 2 classes: testimony and exhibits. Testimony consists of statements made by witnesses under oath.

As the terms suggest, an “opening statement” comes at the beginning of the trial, while a “closing argument” occurs at the end of the trial after all the evidence is established.

12 Steps Of A Trial Flashcards Preview

• Opening statement made by the prosecutor or plaintiff.
• Opening statement made by the defendant.
• Direct examination by plaintiff or prosecutor.
• Cross examination by defense.
• Motions.
• Direct examination by defense.
• Cross examination by prosecutor or plaintiff.

• Investigation.
• Charging.
• Initial Hearing/Arraignment.
• Discovery.
• Plea Bargaining.
• Preliminary Hearing.
• Pre-Trial Motions.
• Trial.

Eight stages:

• Trial initiation.
• Jury selection.
• Opening statements.
• Presentation of evidence.
• Closing arguments.
• Judge’s charge to the jury.
• Jury deliberations.
• Verdict.

There are four main stages to a trial. In sequence, they are: Pleading Stage – filing the complaint and the defense’s motions. Post Trial – concluding arguments, judge’s charge to the jury, jury deliberations, announcement of judgment, motions for new trial or appeal.

The order of events in the process of civil trials includes: Presentation of evidence by plaintiff. Direct examination of witnesses. Cross-examination of witnesses. Dismissal motions, or motion for direct verdict.

A criminal trial typically consists of six following phases:

• Choosing a Jury.
• Opening Statements.
• Witness Testimony and Cross-Examination.
• Closing Arguments.
• Jury Instruction.
• Jury Deliberation and Announcement of Verdict.

The federal court system has three main levels: district courts (the trial court), circuit courts which are the first level of appeal, and the Supreme Court of the United States, the final level of appeal in the federal system.

The Supreme Court is the highest court in the federal system. The Supreme Court is often called “the highest court in the land” because it hears appeals from state courts as well as federal courts.

3. Two kinds of legal cases are civil and criminal cases.

supreme court

Supreme Court

state supreme court

Uttarakhand High Court

The Supreme Court of India

25 high courts

High Court of Calcutta

Anna Chandy

Harilal Jekisundas Kania

Fathima Beevi

Justice Fathima Beevi