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Glossary
Jury selection, examination, exhibits, instructions, and the trial techniques that decide complex cases.
trial-practice
Adverse witness examination permits leading questions when calling an opposing party or a witness identified with them.
An Allen charge urges a deadlocked jury to continue deliberating and reconsider their positions.
An alternate juror hears the trial and replaces a seated juror who becomes unable to serve.
An alternative damages argument offers a defense damages figure conditioned on the jury finding liability.
Apology strategy addresses whether and how a defendant expresses regret without conceding liability.
A Batson challenge objects that a peremptory strike was exercised on the basis of race, ethnicity, or gender.
A bench trial is tried to the judge without a jury, with the court finding facts and applying law.
A case-in-chief is the evidence a party presents to establish its claims or defenses, before rebuttal.
A challenge for cause seeks removal of a prospective juror who cannot be impartial, without using a peremptory strike.
A closing argument is each side's final address applying the law to the evidence and asking the jury for a specific outcome.
A comparative fault argument asks the jury to allocate responsibility between the plaintiff and defendant.
A corporate representative attends trial on the entity's behalf, providing a human presence for a corporate defendant.
Cross-examination is the questioning of an opposing witness, typically using leading questions and limited to the scope of direct and credibility.
A curative instruction directs the jury to disregard improper evidence or argument.
Damages argument is the portion of closing addressing the amount the jury should award.
A day-in-the-life video depicts an injured plaintiff's daily routine and limitations, offered to show the practical effect of a catastrophic injury.
A defense verdict is a jury finding in favor of the defendant, awarding the plaintiff nothing.
A demonstrative aid illustrates testimony without being substantive evidence, such as a chart, timeline, or model.
Deposition designations for trial identify transcript passages to be read or played in place of live testimony.
Direct examination is counsel's questioning of their own witness, conducted with open questions that let the witness tell the story.
A directed verdict is judgment entered during trial where the evidence permits only one reasonable conclusion.
An excessive verdict awards damages so disproportionate to the evidence that judicial reduction or a new trial is warranted.
An exhibit list identifies the documents and items a party may offer at trial, exchanged before the pretrial conference.
Expert trial testimony presents an expert's qualifications, methodology, and opinions to the jury.
A general verdict states the ultimate outcome without identifying the jury's factual findings.
A hung jury cannot reach the required agreement, resulting in a mistrial as to the undecided issues.
Impeachment at trial attacks a witness's credibility through prior statements, bias, capacity, or character for untruthfulness.
An inconsistent verdict contains findings that cannot logically coexist, requiring resolution before judgment.
Juror rehabilitation is questioning that establishes a juror expressing doubt can nonetheless serve impartially.
Jury deliberation is the private discussion during which jurors reach a verdict.
A jury instruction conference is the proceeding at which the court and parties settle the instructions the jury will receive.
Jury instructions are the court's statements of the governing law the jury must apply in reaching its verdict.
A jury questionnaire collects written information from prospective jurors before or during voir dire.
Jury selection is the process of questioning prospective jurors and exercising challenges to seat the panel that will decide the case.
A leading question suggests the answer, generally prohibited on direct examination and permitted on cross.
A limiting instruction tells the jury to consider evidence only for a specific permitted purpose.
A mistrial terminates a trial without a verdict, typically due to jury deadlock, prejudicial error, or misconduct that cannot be cured.
An opening statement is each side's preview of the evidence at trial's start, describing what the evidence will show without argument.
Opening the door occurs when a party introduces evidence that permits otherwise inadmissible responsive evidence.
Pattern jury instructions are standardized charges approved for general use in a jurisdiction.
A peremptory challenge removes a prospective juror without stating a reason, subject to constitutional limits on discriminatory use.
Polling the jury asks each juror individually whether the announced verdict is their verdict.
A pretrial conference is the court session before trial addressing exhibits, witnesses, motions, and trial logistics.
A pretrial order is the court's order framing the issues, witnesses, and exhibits for trial, and it supersedes the pleadings as the controlling document.
Publishing an exhibit is displaying admitted evidence to the jury, distinct from marking or admitting it.
Rebuttal argument is the final closing statement, given by the party bearing the burden after the opponent's closing.
Redirect examination follows cross-examination, allowing the calling party to address matters raised on cross.
Rehabilitation restores a witness's credibility after impeachment, through explanation or supporting evidence.
A Rule 50(a) motion seeks judgment during trial before submission to the jury, on the ground no reasonable jury could find otherwise.
The rule of completeness permits an adverse party to require contemporaneous introduction of related portions of a writing or recording.
Runaway jury describes a verdict far exceeding what the evidence supports, typically driven by anger at the defendant.
Special interrogatories are specific factual questions submitted to the jury alongside or in place of a general verdict.
A special verdict requires the jury to answer specific factual questions, with the court applying the law to the findings.
A stealth juror conceals bias or an agenda during voir dire in order to be seated.
The struck jury method qualifies a full panel before peremptory strikes are exercised simultaneously.
Sympathy management is the defense approach to a sympathetic plaintiff without appearing callous to the jury.
A trial brief sets out a party's factual theory, legal positions, and anticipated evidentiary issues for the court.
A trial continuance postpones the trial date, requiring good cause and typically a showing of diligence.
A trial exhibit is a document, photograph, object, or demonstrative formally marked, offered, and admitted into evidence at trial.
A trial notebook organizes the materials counsel needs during trial, structured for immediate access.
A trial objection is an on-the-record challenge to a question or exhibit, required to exclude improper evidence and preserve the issue for appeal.
Trial technology setup is the equipment and configuration for presenting evidence electronically at trial.
The venire is the pool of prospective jurors from which the trial jury is selected.
A verdict is the jury's formal decision on the issues submitted, or in a bench trial the judge's findings and conclusions.
A verdict form is the document the jury completes recording its findings, ranging from a simple general verdict to itemized special questions.
Voir dire is the questioning of prospective jurors to expose bias and inform the exercise of challenges for cause and peremptory strikes.
A witness list identifies the people a party may call at trial, exchanged before the pretrial conference.
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