what is the first question the lawyer asks the jury

Attorneys ask questions of potential jurors to determine juror attitudes, biases, and their ability to truly be an impartial juror. The attorneys will inquire about you personally, and will also ask questions about your friends, families, and acquaintances.

Full Answer

What is it called when an attorney asks a juror questions?

When attorneys are asking potential jurors questions it is called voir dire (sounds like “war deer”), it is the jury selection process. Attorneys ask questions of potential jurors to determine juror attitudes, biases, and their ability to truly be an impartial juror.

Why do lawyers ask so many questions during jury selection?

However, experienced attorneys will get more out of jury selection than that. They ask questions to get a sense of how a juror will respond to the evidence and arguments in the case about to be tried. Let’s look closer at how lawyers and judges question potential jurors.

How does a plaintiff present a case to a jury?

The plaintiff will tell a jury a story of how their client was victimized by the defense, how they’ve suffered at the hands of the defendant. The defense can’t afford to try and demonize the plaintiff, as this makes the defendant look very negative.

What are the rules for questioning potential jurors?

The questioning of potential jurors follows different rules depending on the jurisdiction (that is, if the case is in federal court, which district court; or, if in a state court, which state). Even within a jurisdiction, trial judges often have their own methods for picking a jury.

Why do lawyers ask questions of the jurors?

The attorneys can also ask questions designed to uncover characteristics or experiences that might cause potential jurors to favor either the prosecution or the defense. But the lawyers aren't allowed to ask overly personal questions, and they aren't allowed ask the jurors how they would decide the case in advance.

How do lawyers persuade the jury?

To persuade, lawyers must appeal to their audience. They must know whom they are trying to convince. In a jury trial, lawyers should establish juror profiles during jury selection to identify individuals likely to render a verdict in their client's favor.

What is the process of asking questions of jurors called?

Jury Pool to Jury Box The judge and the attorneys then ask the potential jurors questions to determine their suitability to serve on the jury, a process called voir dire. The purpose of voir dire is to exclude from the jury people who may not be able to decide the case fairly.

How do lawyers argue?

Lawyers stick with the topic. Subjective opinions are not objective facts. No matter what strategies the opposing side uses to distract you from the main issue, or how tempting it is to draw in other connections, a good lawyer always brings the argument back to the original point.

How do you persuade a jury?

Persuasion is key in court cases and one of the best tools to persuade the jury is an expert witness. Witnesses are brought in for trials as tools to strengthen your claims and overall case through their expert testimony.

What are the three stages of jury selection?

of the California Code of Civil Procedure.Step 1: Selection of a Jury.Step 2: The Trial.Step 3: Jury Deliberations.

Who asks questions during voir dire?

California Rules of Court, rule 3.1540(a) requires the trial judge to examine prospective jurors, orally, by written questionnaire, or both. Once the trial judge has completed that task, the attorneys must be permitted to ask additional questions.

What is a witness statement called?

A witness is a person who saw or heard the crime take place or may have important information about the crime or the defendant. Both the defense and the prosecutor can call witnesses to testify or tell what they know about the situation. What the witness actually says in court is called testimony.

Why do attorneys ask questions?

Attorneys ask questions of potential jurors to determine juror attitudes, biases, and their ability to truly be an impartial juror. The attorneys will inquire about you personally, and will also ask questions about your friends, families, and acquaintances.

Is jury duty a civic duty?

Jury duty is something that makes many people nervous. The courthouse procedures, the judge sitting stoically in a black robe, and the formality of the courtroom process can be intimidating. However, serving on a jury is an important civic duty.

What is the purpose of a plaintiff telling a jury a story?

The plaintiff will tell a jury a story of how their client was victimized by the defense, how they’ve suffered at the hands of the defendant.

Why do lawyers pick jurors?

Selecting the jury is the only time an attorney has the opportunity to discover the life experiences, biases, beliefs, and attitudes of the people who will decide their case. The last thing any attorney wants is for bias to come out during the trial. Thus, how lawyers pick jurors is an essential indicator of the experience and knowledge ...

What is the good and bad about a plaintiff juror?

When the plaintiff picks jurors, they’re looking for those who are very sympathetic, who are willing to view the prosecution as the victim in the case. Very often, union employees make for good prosecution jurors as they are used to fighting injustice.

What is a voir dire?

Voir Dire is the process of interviewing potential jurors, a preliminary interview where each side gets to talk to the jury. This is a key part of how lawyers pick jurors. It affords the attorney the opportunity to work out bias, pick those jurors that will most benefit their case, and eliminate those who present a danger or a problem.

What does "undesirable" mean in jury selection?

In this case, “undesirable” means people who are likely to sympathize with the defense.

What is jury selection?

Jury selection is a bit like ping pong, volleyball or tennis game where there’s no out of bounds. The ball is always in motion, and there’s a constant back-and-forth going, where it’s important to always react to what you’re getting, without hesitation.

What is the difference between winning and losing a case?

Picking the right jury is the difference between winning and losing a case. The greatest mistake that an attorney will make is trying to find a jury that’s biased towards their side, rather than trying to find one that’s as impartial as possible. Trying to find a jury that’s anything less than fair can be a fast path to losing a case , and a good lawyer knows this.

What is the question asked by jurors?

One common question presented to jurors is, “Are there any religious beliefs that prevent you from passing judgment on another person?” Frederick says this is to weed out people whose faith might impede their ability to view a case objectively .

What does the defense look for in a lawsuit?

The plaintiff attorney or prosecutor will generally look for people more inclined to trust authority.

What happens if you don't vibe well with an attorney?

Indeed, research shows that if you don’t vibe well with an attorney, you’re more likely to decide against their argument. “One attorney told me, 'If I can tell they don’t like me, I get rid of them,’” King says.

Who can be pivotal in a verdict?

Leaders, contrarians, and independent thinkers can be pivotal in a verdict. These people have the potential to rally the rest of the group behind a unanimous decision, which is great for the plaintiff or the prosecutor.

Do attorneys pick their jurors?

But there are a few general traits attorneys take into consideration when trying to decide whether you’d help or hurt their argument. Attorneys don’t get to pick their jurors.

What happens when a jury is found guilty?

If the defendant has been found guilty, the judge may pass sentence immediately. The judge might adjourn the case until reports are made available to the court. They will pass sentence on a different day.

What is a challenge to a jury?

Challenge to a juror. Prosecution or defence lawyers could 'challenge' you if they think you should not serve as a juror. They must give a good reason. If the judge accepts their reason, you won't be allowed to serve as a juror on that particular trial. But you could be called to serve on the jury in another case.

How to reach a verdict in a courtroom?

Reaching a verdict. When you have reached a verdict, tell the jury keeper and you will be taken back into the courtroom. The court clerk will ask the foreperson to deliver the verdict on each charge. The foreperson must take care to only answer the questions that the court clerk asks them.

What is the name of the person who presents the evidence against the defendant to the court?

Also known as counsel, barristers wear black robes and wigs. Prosecution counsel presents the evidence against the defendant to the court. Defence counsel presents the case for the defendant and challenges the prosecution’s evidence.

How are court proceedings recorded?

All proceedings are accurately recorded by a digital recording system operated by the court clerk, or by a shorthand writer or stenographer. If there is a stenographer or shorthand writer, they usually sit beside the court clerk and records everything that is said in court.

What does it mean to be sworn into jury duty?

The oath or affirmation means that you publicly confirm that you will consider the issues faithfully, according to the evidence. Once sworn onto a jury, you must always sit in the same place in the jury box.

What is the role of a solicitor in a court case?

Solicitors. Solicitors sit either behind or in front of counsel. They will have previously instructed counsel (given them the details of the case) before the case has come to court. They don't speak in court except when the jury is being selected.

How many jurors are needed for a trial?

Steps in a Trial 1 In civil cases, especially in courts of limited jurisdiction, the standard size in many jurisdictions is becoming six, which can be increased by stipulation of both parties. 2 In misdemeanor cases there are sometimes fewer than twelve jurors, though in serious criminal cases twelve jurors are generally required. 3 The old requirement that juries be unanimous is also changing. In misdemeanor and civil cases particularly, states often provide for verdicts based on the agreement of three-fourths or five-sixths of the jurors.

How many people are on the jury list?

In many jurisdictions, jury selection begins with the court clerk's calling twelve people on the jury list and asking them to take a place in the jury box. The judge usually makes a brief statement explaining what kind of case is to be tried and inquiring whether there is any reason the potential jurors cannot serve.

How many jurors are there in a misdemeanor case?

In misdemeanor cases there are sometimes fewer than twelve jurors, though in serious criminal cases twelve jurors are generally required. The old requirement that juries be unanimous is also changing. In misdemeanor and civil cases particularly, states often provide for verdicts based on the agreement of three-fourths or five-sixths of the jurors. ...

Why are alternate jurors selected?

Alternate jurors are selected in some cases to take the place of jurors who may become ill during the trial. Alternate jurors hear the evidence just as the other jurors do, but they don’t participate in the deliberations unless they replace an original juror.

What is a peremptory challenge?

Peremptory challenges are limited to a certain number determined by the kind of lawsuit being tried. They can’t be used to discriminate on the basis of race or sex. When both parties have agreed upon a jury, the jurors are sworn in to try the case by the court clerk. Those not selected are excused.

Can a juror be dismissed for cause?

For example, a juror can be dismissed for cause if he or she is a close relative of one of the parties or one of the lawyers, or if he or she works for a company that is part of the lawsuit. Each lawyer may request the dismissal of an unlimited number of jurors for cause.

Can a lawyer challenge a jury without stating a cause?

Each request will be considered by the judge and may or may not be allowed. In addition to challenges for cause, each lawyer has a specific number of peremptory challenges. These challenges permit a lawyer to excuse a potential juror without stating a cause.

How to keep a jury's attention?

To keep a juror’s attention, your attorney should avoid lengthy, rambling questions. Instead, questions should use simple words and allow the witness to elaborate on various facts. A general rule is all direct examinations should be open-ended, short questions.

How many people are on a jury?

A jury is typically composed of 12 people, none of which can have any relation to either party involved in the case. The role of the jury is to vote on the innocence or guilt of the defendant as well as the settlement awarded to the plaintiff.

What is direct examination question?

Direct examination questions allow a personal injury attorney to ask key witnesses to explain what they saw, heard, or did in relation to an incident. For example, an attorney in a car accident personal injury lawsuit may call a bystander to testify about what they saw just before, during, or after the accident.

What is the role of the defense in a criminal case?

The role of the defense is to argue against the prosecutor, creating reasonable doubt that the defendant acted negligently. The defense calls their own witnesses to ask direct examination questions and can also cross-examine the prosecution’s witnesses. 3. Witnesses.

What is trial evidence?

Trial evidence includes eyewitness testimony, photographs, and direct examination questions. During direct examination, a personal injury lawyer asks key witnesses a series of questions. The goal is to develop a credible timeline for the injuries. These crucial questions help paint a factual picture of the incident and can make or break whether ...

What is direct examination in a personal injury case?

Direct examination questions are typically the third stage of a personal injury trial. At the start of the trial, all parties involved in the case introduce their evidence, such as photographs or videos. Next, the personal injury attorney for each party delivers their opening statement.

What happens after opening statements are given in a trial?

Once opening statements have been given, the trial moves along to direct examination. After direct testimony, a witness can undergo cross-examination or redirect examination about the subject matter they discussed.