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Business Law Chapters 1, 3-8 (Exam 1)

Terms in this set (125)

1) Start with opening statement (not evidence, it is argument): purpose to tell jury what they are going to see and plaintiff goes first b/c always carry the stuff
2) Plaintiff will start his/her case in chief: party is presenting evidence that you have (base of claim)
3) Plaintiff Case in Chief: plaintiff goes first and puts evidence in first A) testimonial evidence B) documentary evidence (proper foundation, an assurance that the document is really what it is suppose to be and to make sure party isn't making it up, live evidence) C) Demonstrative Evidence (models, skeletons, recreations) Ex: Habush Firm created a model of Big Blue and re-enacted what happened and also brown county lawyer brought the real boyee in room to show that it was seeable and the wife was crazy.
THEN
4) Defendant to move for directed verdict -judge you must dismiss this case now because the plaintiff hasn't met the burden of proof ex: breach of contract: we know that but what did defendant do? you need burden of proof
Defendant Case in Chief: defendant has NO burden of proof, purpose of plaintiff cross examination is to impeach or to diminish the value of the other sides evidence
-lawyers are never suppose to ask a question b/c of discovery, they should know it ALL. EX: lawyer knew the glove didn't fit Simpson b/c lawyer found out in discovery so prosecutor was stupid and should've known and not asked.
When ALL evidence is in: Judge will provide Jury Instructions: tell the Jury what they are suppose to do with evidence -lawyers fight here b/c they want certain instructions to favor there plaintiff and defendant-instructions can get really difficult