overview of the adversarial nature of a civil trial chapter 9.4

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Overview of the adversarial nature of a civil trial Chapter 9.4

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A Civil trial adversarial there are two opposing parties object of the trial is to determine whether or not the defendant is liable if so, how to compensate the plaintiff. parties must adhere to strict rules of evidence and procedure. Parties present their cases while discrediting the opposing party's case. Evidence is largely presented orally in court. the judge plays a role in ensuring the rules of evidence and procedure are adhered to and directs the jury if there is one. Settling out of court is still an option even once the trial commences.

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Page 1: Overview of the adversarial nature of a civil trial Chapter 9.4

Overview of the adversarial nature of a

civil trialChapter 9.4

Page 2: Overview of the adversarial nature of a civil trial Chapter 9.4

Lesson starter; True or false?

1. Civil law trials will use the adversary system.2. In a civil trial, only the plaintiff gets to present his or her case.3. Strict rules of evidence and procedure are followed in a civil trial.4. In a civil trial, the judge is an independent umpire.5. A civil trial is heard by only a judge in the county or supreme courts.

Page 3: Overview of the adversarial nature of a civil trial Chapter 9.4

A Civil trial• adversarial• there are two opposing parties • object of the trial is to determine whether or not the defendant is liable• if so, how to compensate the plaintiff.• parties must adhere to strict rules of evidence and procedure. • Parties present their cases while discrediting the opposing party's case. • Evidence is largely presented orally in court.• the judge plays a role in ensuring the rules of evidence and procedure are

adhered to and directs the jury if there is one. • Settling out of court is still an option even once the trial commences.

Page 4: Overview of the adversarial nature of a civil trial Chapter 9.4

Civil Jury• either party may decide to have the case heard by a judge sitting

alone or by a judge and jury. • If a jury is used, the judge's associate will draw out 12 cards from a

ballot box containing the name, home address and occupation of each juror.• The plaintiff and defendant will strike out three jurors each from the

list so that six jurors remain to hear the case. • the role of the jury is to arrive at a verdict and• decide on the amount to be awarded to the plaintiff if applicable

Page 5: Overview of the adversarial nature of a civil trial Chapter 9.4

The plaintiff’s CaseExamination-in-chiefCross examinationRe-examination

Page 6: Overview of the adversarial nature of a civil trial Chapter 9.4

Role PlayUsing the information we know about the Ballerini case and from your research (see links) work in groups to establish the role of your assigned character for the trial.

Page 7: Overview of the adversarial nature of a civil trial Chapter 9.4

Your Turn• Complete questions 1-5

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