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In this lesson, you learn that the Trial stage begins when discovery has ended. You will learn that a jury or judge only weighs evidence; they don’t investigate the case. The burden of proof controls who prevails in the case based on the facts presented in court.
At trial, a judge or jury reviews the evidence and determines the liability of one or more parties.
A trial proceeds as follows:
- A jury is chosen if either side demands one.
- Plaintiffs present witnesses and other evidence to be challenged by defendants.
- Defendants present witnesses and other evidence to be challenged by plaintiffs.
- The judge or jury deliberates and makes a final ruling on the plaintiff’s claims and the defendant’s counterclaims if any.
Transcript
The trial stage begins when discovery has ended, and there is still evidence that is disputed and there\’s maybe even a counterclaim.
Now, the parties argue their cases in court to strengthen their arguments. Each party should know court protocols, grounds for objections, and rules of evidence.
Neither a jury nor judge will investigate a case, They will review or weigh the evidence.
That is, they determine the liability of one or more parties.
If the preponderance of evidence is on plaintiff\’s side, the plaintiff prevails.
But if the preponderance of evidence is on defendant\’s side, or if there\’s equal evidence on both, the defendant usually prevails.