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In law, cross-examination is the interrogation of a witness called by one's opponent. It is preceded by direct examination and may be followed by a redirect. Redirect examination, performed by the attorney or pro se individual who performed the direct examination, clarifies the witness' testimony provided during cross-examination including any subject matter raised during cross-examination but not discussed during direct examination. Recross examination addresses the witness' testimony discussed in redirect by the opponent. Depending on the judge's discretion, opponents are allowed multiple opportunities to redirect and recross examine witnesses.
Dispute resolution or dispute settlement is the process of resolving disputes between parties. The term dispute resolution is sometimes used interchangeably with conflict resolution.
An expert witness, particularly in common law countries such as the United Kingdom, Australia, and the United States, is a person whose opinion by virtue of education, training, certification, skills or experience, is accepted by the judge as an expert. The judge may consider the witness's specialized opinion about evidence or about facts before the court within the expert's area of expertise, to be referred to as an "expert opinion". Expert witnesses may also deliver "expert evidence" within the area of their expertise. Their testimony may be rebutted by testimony from other experts or by other evidence or facts.
A lawsuit is a proceeding by one or more parties against one or more parties in a civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used with respect to a civil action brought by a plaintiff who requests a legal remedy or equitable remedy from a court. The defendant is required to respond to the plaintiff's complaint or else risk default judgment. If the plaintiff is successful, judgment is entered in favor of the defendant. A variety of court orders may be issued in connection with or as part of the judgment to enforce a right, award damages or restitution, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes.
An inquisitorial system is a legal system in which the court, or a part of the court, is actively involved in investigating the facts of the case. This is distinct from an adversarial system, in which the role of the court is primarily that of an impartial referee between the prosecution and the defense. Inquisitorial systems are used primarily in countries with civil legal systems, such as France and Italy, or legal systems based on Islamic law like Saudi Arabia, rather than in common law systems. It is the prevalent legal system in Continental Europe, Latin America, African countries not formerly under British rule, East Asia, Indochina, Thailand, the Philippines, and Indonesia. Most countries with an inquisitorial system also have some form of civil code as their main source of law.
Forensic psychology is the practice of psychology applied to the law. Forensic psychology is the application of scientific knowledge and methods to help answer legal questions arising in criminal, civil, contractual, or other judicial proceedings. Forensic psychology includes research on various psychology-law topics, such as jury selection, reducing systemic racism in criminal law, eyewitness testimony, evaluating competency to stand trial, or assessing military veterans for service-connected disability compensation. The field traces its roots to contributions by Wilhem Wundt, Hugo Münsterberg, and Sigmund Freud among others. Contemporary definitions of forensic psychology recognize that several subfields of psychology apply "the scientific, technical, or specialized knowledge of psychology to the law." The American Psychological Association's Specialty Guidelines for Forensic Psychologists reference several psychology subdisciplines, such as social, clinical, experimental, counseling, and neuropsychology.
Together, legal psychology and forensic psychology form the field more generally recognized as "psychology and law". Following earlier efforts by psychologists to address legal issues, psychology and law became a field of study in the 1960s as part of an effort to enhance justice, though that originating concern has lessened over time. The multidisciplinary American Psychological Association's Division 41, the American Psychology-Law Society, is active with the goal of promoting the contributions of psychology to the understanding of law and legal systems through research, as well as providing education to psychologists in legal issues and providing education to legal personnel on psychological issues. Further, its mandate is to inform the psychological and legal communities and the public at large of current research, educational, and service in the area of psychology and law. There are similar societies in Britain and Europe.
The Federal Rules of Civil Procedure govern civil procedure in United States district courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling Act, and then the United States Congress has seven months to veto the rules promulgated or they become part of the FRCP. The Court's modifications to the rules are usually based upon recommendations from the Judicial Conference of the United States, the federal judiciary's internal policy-making body.
A closing argument, summation, or summing up is the concluding statement of each party's counsel reiterating the important arguments for the trier of fact, often the jury, in a court case. A closing argument occurs after the presentation of evidence. A closing argument may not contain any new information and may only use evidence introduced at trial. It is not customary to raise objections during closing arguments, except for egregious behavior. However, such objections, when made, can prove critical later in order to preserve appellate issues.
A struck jury is a multi-step process of selecting a jury from a pool. First potential jurors are eliminated for hardship. Second jurors are eliminated for cause by conducting voir dire until there is a pool available that is exactly the size of the final jury plus the number of peremptory challenges available to each side. Then the two sides exercise their peremptory challenges on the remaining pool, usually alternating. This procedure "has its roots in ancient common law heritage".
In law, a special referee acts as a judge on matters of fact only.
Summary jury trial is an alternative dispute resolution technique, increasingly being used in civil disputes in the United States. In essence, a mock trial is held: a jury is selected and, in some cases, presented with the evidence that would be used at a real trial. The parties are required to attend the proceeding and hear the verdict that the jury brings in. After the verdict, the parties are required to once again attempt a settlement before going to a real trial.
Trial advocacy is the branch of knowledge concerned with making attorneys and other advocates more effective in trial proceedings. Trial advocacy is an essential trade skill for litigators and is taught in law schools and in continuing legal education programs. It may also be taught in primary, secondary, and undergraduate schools, usually as a mock trial elective.
Virtual jury research is a technique used by lawyers to prepare for trial.
Scientific jury selection, often abbreviated SJS, is the use of social science techniques and expertise to choose favorable juries during a criminal or civil trial. Scientific jury selection is used during the jury selection phase of the trial, during which lawyers have the opportunity to question jurors. It almost always entails an expert's assistance in the attorney's use of peremptory challenges—the right to reject a certain number of potential jurors without stating a reason—during jury selection. The practice is currently confined to the American legal system.
Richard C. Waites, J.D., Ph.D.,, a noted board certified trial attorney and social psychologist, is an internationally recognized expert in jury and courtroom decision maker research, a field he helped to develop and that he continues to advance.
Alternative dispute resolution (ADR), or external dispute resolution (EDR), typically denotes a wide range of dispute resolution processes and techniques that parties can use to settle disputes with the help of a third party. They are used for disagreeing parties who cannot come to an agreement short of litigation. However, ADR is also increasingly being adopted as a tool to help settle disputes within the court system.
Amy Singer is a Florida trial consultant and research psychologist. Singer's firm, Trial Consultants, Inc., which she founded in Miami in 1979, is one of the first trial consulting firms in the United States. Singer is an acknowledged authority in the field of litigation psychology, a discipline she helped pioneer. Her revolutionary approach, which consists of applying principles of psychology and using open-ended questions to elicit jurors’ value beliefs regarding key trial issues, changed the way that attorneys around the United States conduct voir dire. Largely through Singer's influence, this became a juror de-selection, not selection, process.
Created in 1982, The American Society of Trial Consultants, Inc. is the only professional organization for litigation and trial consulting. It is the industry driver for standards in practical small group research, effective witness protection and preparation, and informed jury selection. The mission of the ASTC is to "[Make] the most of facts, law and presentation skill," and "...help litigators become better at persuading jurors and other fact-finders [to make] the system work in a way that is more meaningful, more reliable, and ultimately more fair."
Economic consulting is the practice of providing advanced economic, financial, and statistical analysis for use in a litigation environment. Law firms, government agencies, and other organizations may rely on economic consultants to produce research, analyses, reports, and testimony to be used in trial.
References
- ↑ Brodsky, Stanley L. (2009). Principles and practice of trial consultation. New York: Guilford Press. ISBN 978-1-60623-254-5. OCLC 436034162.
- ↑ Hutson, Matthew (March–April 2007). "Unnatural Selection". Psychology Today . Retrieved February 23, 2017.
- ↑ Kressel, Neil J. & Kressel, Dorit F. (2004). Stack and Sway: The New Science of Jury Consulting. Boulder, CO: Westview Press. pp. 86–87. ISBN 9780813342412. OCLC 55858096.
- ↑ Strier, Franklin & Shestowsky, Donna (1999). "Profiling the Profilers: A Study of the Trial Consulting Profession, Its Impact on Trial Justice, and What, if Anything, to Do About It". Wisconsin Law Review. pp. 450–51.
- ↑ Shapiro, Ari (June 9, 2005). "Jury Consultants and Arbitration of Civil Lawsuits". Day to Day. National Public Radio . Retrieved July 14, 2006.
- ↑ Posey, Amy J. & Wrightsman, Lawrence S. (2005). Trial Consulting. New York: Oxford University Press. ISBN 9780195183092. OCLC 819414718.[ page needed ]
- ↑ Prosise, Theodore O. "Shadow Juries: A Unique Advantage in Civil Trials". Litigation News. American Bar Association Section of Litigation. Retrieved December 16, 2015.