Exam 11: Trial Preparation and Trial

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The best practice is to subpoena all witnesses necessary to prove your case.

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Research form books, the Internet, case law or electronic forms for jury instructions in your jurisdiction. Place a list of the major sources in your systems folder. Prepare a list of instructions that you believe will be needed in the Forrester case for your attorney's review.

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This response will vary depending on the student's jurisdiction. However, the student should research a standard negligence case/automobile accident for pattern jury instructions. In addition, students should include the standard instructions judges prepare and give to jurors in all civil jury trials in their jurisdiction.
You may want to research standard jury instructions from your jurisdiction. Instructions likely to be used in the Forrester case, or any negligence case, may include the following:

Negligence
Ordinary care
Proximate cause
Comparative fault and apportionment of responsibility
Pedestrians/crossing highway
Brake failure
Defective inspection or repair
Excessive speed
Sleepy driver
Employer liable for tort of employee/scope of employment
Personal injury
Pain and suffering
Medical expenses
Loss of time
Future lost earnings
Loss of consortium
Injury to personal property/reduction in value of goods/loss of use
Loss of employment
Last clear chance
Burden of proof

Prepare a list of paralegal tasks to assist the attorney at trial.

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Assisting at Trial
I. Jury Selection
A. Chart voir dire responses.
B. Note observations and previously researched facts.
C. Keep track of voir dire questions.
D. Chart final jury. II. Witness Control
A. Locate and subpoena if necessary.
B. Notify of when to appear.
C. Meet with and reassure witnesses.
D. Arrange witness payment, lodging, transportation.
III. Custodian of Documents and Exhibits
A. Prepare all items needed each day.
B. Store all items securely.
C. Maintain list of who has what, and where.
IV. Exhibit and Witness Logs
A. Keep track of all exhibits of both sides.
1. As presented
2. Objected to
3. Accepted
B. Keep track of all witnesses and testimony.
1. Note those called.
2. Note whether testimony deviates from expectations.
3. Follow question outlines to make sure attorney hasn’t forgotten anything.
V. Trial Notes
A. Use pre-numbered notebook.
1. Summary/outline on left
2. Details on right



B. Attorney specifies areas to note.
1. Staff
2. Parties and attorneys
3. Witnesses
4. Exhibits
5. Objections and rulings
6. Times
a. Recesses
b. Conferences at bench
c. Conferences in chambers
d. Resumption of trial
VI. Trial Day Review Meetings
A. Compare notes.
B. Offer suggestions.
C. Put motions into final form.
VII. Paralegal Testimony
A. Be prepared by attorney.
B. Put aside advocacy; maintain professionalism and truth.
VIII. Notes During Polling of the Jury

What are the pros and cons of subpoenaing witnesses from each side?

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A paralegal who is called to testify is ethically bound to give answers favorable to his or her client.

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What do you need to remember about identifying documents on a subpoena duces tecum?

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What audiovisual aids would be useful in the Coleman case for the plaintiff? For the defendant? Using the information that you have gathered on the scene of the accident in the Coleman case, prepare a courtroom diagram of the accident scene. Be creative.

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A paralegal may be responsible for

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Differences in preparing a client for trial as opposed to depositions include which of the following?

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What is the purpose of jury investigation?

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What steps must be followed in subpoenaing witnesses?

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Mock juries are ways for inexperienced jurors to practice.

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A trial notebook should contain all evidence gathered through discovery.

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A trial notebook should contain all the evidence gathered through discovery.

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The judge usually determines whether the jury is allowed to take notes, have mid-trial discussions, or ask questions of witnesses.

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A paralegal need not learn trial presentation technology, because that is usually handled by court personnel.

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Research form books for jury instructions in your jurisdiction. Then make a list of instructions that you believe will be needed in the Coleman case.

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Shadow juries

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Demonstrative evidence

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Which three of the jury investigation methods would you like to participate in and why? Show your understanding of the method and its advantages in your answer.

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