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American Law (Fach) / Exam Review (Lektion)

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• gallery The public gallery is a seating area in the courtroom where members of the public may sit to observe what happens in court.
• court reporter The court reporter has to record everything that is said in court on tape. Lawyers can ask the court reporter for a typed-out version of the tape, which is paid by the page. 
• defendant sits on left desk together with his attorney
• judge's chambers office of the judge. In the US, judges work from 8.30/9 AM to 5 PM. They are not allowed to take files home and have to ask if they want to do so. 
• sidebar the area where lawyers can talk without the jury hearing them. Typically either the judge or one of the parties asks for a sidebar. Also, lawyer slang for "oh, by the way"
• jury deliberation room The room where the jury is deliberating
• bar separates the gallery from the court, "bar" exam --> to pass on the other side of the barrier
• plaintiff/state prosecutor sits on the right desk
• jury box area where the jury sits, to the right of the courtroom
• lead counsel's seat sits on the right (left desk; defendant side) and sits on the left (right desk; plaintiff sight)
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• court clerk The head clerk decides what judge gets what case. The clerk keeps the courtroom running and acts as a communicator between the judge and lawyers, manages the evidence, and swears in the jury, i.e.g basically runs the courthouse
• witness stand always parallel with the judge. The judge does not ask the witness any questions, only the attorneys. The way a question is asked highly influences the answer. It is the judge's job to protect the witness from inappropriate questions, as the judge is supposed to be neutral. Only in bench trials do they ask the witnesses some questions. The judge is only allowed to clear up basic facts. Will have to ask the counsellor to ask the witness a question.
• bench desk of the judge
• gavel a small hammer used by the judge for attention
• bailiff Responsible for the safety of the courtroom, especially of the jury, but also watches the people in the gallery. Brings in and out the jury and guards the door while the jury deliberates. If the jury has a question they have to write it on a paper and give it to the bailiff who hands it to the clerk who gives it to the judge. The judge gives an answer which is passed to the clerk, from the clerk to the bailiff and from the bailiff to the jury.
• socratic method US law is case based, i.e. the law is filtered out from cases
• US legal structure There is no centralized federal system, i.e. each state has its own legal system
• equity Check and balances on common law; Based on the wrist system's failure to reach desired outcomes --> established courts of equity, Lord Selborne LC (Wilson v Northampton & Banbury junction Railway Co) --> "Do more perfect and complete justice" --> led to conflict between the two systems if there is conflict equity will prevail (settled by Judicature Acts 1873-75) --> two systems merged, provides a remedy where the common law has a deficiency, Lord Nicholls (Attorney General v Blake) --> sometimes overlap
• discovery Concerns rules of collecting evidence, mainly in civil law. In the process, both parties get to look at the other's evidence to decide whether to go to trial or not and make the trial fairer. If parties can't decide what has to be handed over, a judge has to resolve the dispute. The scope of discovery is usually very broad and may even include 3rd parties
• judge The judge decides the law, has a quite passive role, only has contact with the jury after the trial by thanking them, and will cover his or her microphone while having private conversations. The judge is only holding the trial or ruling on a motion. Should always be addressed with "your honor." Often don't know what they are going to hear as they are supposed to be as neutral as possible. Every judge has his or her own courtroom with a chamber attached.
• jury The jury decides the facts. A petite jury consists of 12 jurors. But there are always seats for alternate jurors in case one of the original 12 jurors dies or is unable to attend court. The jury is a firewall against corruption as the jury in criminal law has the final say and cannot be overruled.  In a criminal case, the jury judgment is absolute. In a civil case, the judge can interfere with the decision of the jury. 
• jury-trial It is always possible to decide to have a jury-trial but it is not obligatory
• family law No jury because it is a matter of equity
• docket number every case has one
• Esq title for an American attorney after the name, short for esquire, based on William Blackstone
• judge rotation In Connecticut judges are rotating every three years
• pro se self-representation in court
• bench trial judge-only trial
• petit jury trial jury in criminal and civil cases; 12 people
• grand jury Around 23 people (randomly selected), only used in criminal cases, a pre-trial jury works as a gatekeeper to prevent misuse of power by prosecutor and judge: decides whether there is enough evidence for a trial. If yes, issues an indictment
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• indictment jury allows prosecution; therefore the jury is a firewall to get to court
• deliberation The jury decides the "verdict" and discusses this in private
• pi the plaintiff, i.e. the person who brings the lawsuit
• delta the defendant
• oath/swear theist version
• affirmation/affirm non-theist way
• hung jury The jury cannot reach a verdict. The judge will bring them back into court to make sure that they understand the importance. In a criminal trial, there has to be a unanimous decision. If there is a hung jury on a criminal trial, the trial ends, and there is a new trial. In this case, the prosecutor has to ask himself or herself whether a new trial will be worth the time and effort and might offer a more kind deal. Also, in a civil case, a hung jury usually results in a new deal. 
• the jury is still out Meaning the jury has yet to decide the verdict; jury is still in the deliberation room
• full exhibit Admission of evidence: a document for the jury/judge that the other party accepts and nothing speaks against the admission
• ID exhibit Evidence that one party attempts to get in but that the other party challenges. On a separate pile, marked "ID". Could be part of the appeal: the appellate court can look at it as a matter of law and decide whether it should be admitted. The judge is not allowed to see these documents. 
• transcript an official "word for word" copy of the court day
• perjury making a false statement to the court
• marshal Opens the court with "o yea o yea o yea" --> has to be said so that it becomes a courtroom. 
• possibilities for attorneys to talk to the judge about legal matters 1) approach the bench  2) ask for the jury to leave --> the jury will be suspicious 3) Have a sidebar 
• steps of initiating a lawsuit until the first day of trial 1) Lawyer decides to take the case and receives the initial "retainer" from the client 2) file a complaint 3) service of process (in hand vs. abode service) 4) answer by the defendant 5) pretrial motions filed 6) pretrial hearings 7) pretrial with the judge 8) voir dire (jury selection) 9) jury impaneled
• trial process on jury trial 1) swearing in of the jury 2) plaintiff's opening argument 3) defendant's opening argument 4) plaintiff calls the first witness (direct/direct examination) 5) defendant's cross-examination of the plaintiff's witness 6) Plaintiff's redirect (rehabilitates the witness) 7) Plaintiff rests 8) Defendant calls first witness 9) Plaintiff's cross-examination 10) Defendant's redirect 11) Defendant rests 12) Plaintiff's closing argument 13) Defendant's closing argument 14) Plaintiff's closing answer 15) Jury charged 16) Jury deliberation 17) Verdict 18) Jury released 19) Final check from client is received
• voire dire jury selection. Attorneys interview potential jury members. Attorneys receive juror questionnaire with background information. During the jury selection the plaintiffs are introduced with basic background story to make sure no one knows each other. Each attorney talks to every juror for around 30-45 minutes. Attorneys want to make sure the jury is as "neutral" as possible and has no prejudices. Managers are popular jury members as they tend to see "rules as rules". 
• how to get rid of juror 1) "for cause" --> bias  2) preemptory challenges (three strikes); discretionary
• cross-examination Aims to impeach the witness, i.e., discredit their testimony, leading questions can be asked, questions have to be based on the direct
• redirect aims to rehabilitate the witness

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