| |
53
Cardinal Drive
Westfield, NJ 07090
Ph: 908-233-5575
Fax:908-233-4994 |
|
|
| |
1) What is the New Jersey Judiciary ?
The New Jersey Judiciary consists of the New Jersey Supreme Court, the
Appellate Division of the Superior Court, the Superior Court trial courts,
the tax court and the municipal courts. The goal of the judiciary is to
provide access to all who seek justice; timely justice; independent and
impartial judges; and fair and equal treatment to all who use the courts,
regardless of their wealth, power, race, gender, religion, ethnic background
or disability. More information on the judiciary is provided in a pamphlet
titled New Jersey Courts, An Introduction, available at courthouses in each
county. In addition, the Judiciary's Administrative Office of the Courts
offers further court-related information on the Internet at http://www.state.nj.us/judiciary. Back to
Top
2) What Is the Difference Between a Civil and Criminal Case?
A civil case for which a jury is involved is generally a dispute between two
or more parties that does not involve a criminal matter and is not a dispute
between family members regarding divorce or child custody. In family
matters, a judge handles the case without a jury. In a civil matter, in
order for a plaintiff to win a case, it is only necessary for the plaintiff
to prove his or her case by a preponderance of the evidence or in some cases
by clear and convincing evidence. The judge will explain the meaning of
those terms to the jury. In a criminal matter, the defendant has a right to
a trial by jury. The defendant is also constitutionally entitled to be
presumed innocent of the charges until the jury finds otherwise. More proof
is required to find a person guilty of a crime than to return a verdict for
a plaintiff in a civil case. In order to return a verdict of guilty in a
criminal trial, the charges must be proven beyond a reasonable doubt. In
both a civil and criminal case, the judge instructs jurors on the standards
to be applied in the case. In criminal trials, 12 jurors are impaneled. In
most civil cases, six jurors sit to hear a matter, although there may be as
many as 12 jurors. To accommodate situations in which additional jurors may
be needed, such as if a juror needs to be excused after the trial has begun,
more than the required number of jurors are initially selected in both civil
and criminal trials. These individuals may be selected, immediately prior to
deliberations, to serve as alternate jurors. Such jurors do not participate
in deliberations unless one of the deliberating jurors cannot continue.
Alternate jurors may be directed to remain at the courthouse until
deliberations are completed. Those selected as alternate jurors perform a
valuable function by participating at trial and being available to replace
excused jurors, if necessary. In a civil trial, five jurors are needed to
return a verdict in favor of one party or the other. In a criminal case the verdict
must be unanimous. Back to Top
3) How Does a Civil Case Get to Trial?
In a civil case, the party filing a lawsuit is called a plaintiff. The party against whom the lawsuit is filed
is called a defendant. Notice of a lawsuit is given to the defendant by the service of a summons. The plaintiff's claim and demand are stated in a
complaint. The defendant's response to the complaint is called an answer. If the defendant makes a claim against the plaintiff, this is called a
counterclaim. If a counterclaim is made, the plaintiff's response is called an answer to the counterclaim. If there is more than one defendant, and the
defendants make claims against each other, these are called cross claims. All of these papers - a complaint, answer, counterclaim and cross claim -
are called pleadings and will have been exchanged between the parties some time before the actual trial begins. If more than one party has more than
one claim against another party, each claim may be stated as a cause of action. After the complaint, answer, counterclaim and cross claims have been
filed, the parties engage in a process called discovery. This is an exchange of information regarding their claims, including documents, as well as the
opportunity to question witnesses. The questioning of witnesses takes place at a deposition where the witness is placed under oath. The questions and
answers may be recorded by a stenographer and put in the form of a transcript. The deposition may also be videotaped. The case is scheduled for
trial after discovery is completed and the parties have filed pretrial motions. Pretrial motions involve matters that the parties need to bring to
the court's attention before the trial begins.
Back to Top
4) How Does a Criminal Case Get to Trial?
All criminal actions are prosecuted in the name of the state of New Jersey. This is because when the
offense is committed, it is the laws of the state that are broken, and the offense is against the people of the state. Either a civilian or a police
officer may fill out a criminal complaint. The complaint is then forwarded to the county prosecutor's office for a determination of whether it should
be brought before a grand jury. In some cases, the defendant may waive his or her right to an indictment by a grand jury and the offense charged may be
brought directly to court for a trial by a jury. The primary function of the grand jury is to determine whether there is a prima facie (Latin meaning at
first glance) case leading the grand jury to believe that a crime was committed and that the accused committed the crime. In short, the grand jury
serves as a screening mechanism to protect citizens from having to respond to unfounded charges. The function of the grand jury is not to determine
whether someone is guilty or not guilty of a crime - that is the responsibility of the petit jury, otherwise known as the trial jury. The
grand jury considers whether there is sufficient evidence to bring criminal charges against a person. The standard before the grand jury is not the same
as the standard before the criminal trial jury and a complete trial is not conducted before the grand jury. Also, the technical rules of evidence do
not apply to the grand jury. After the charge is presented, the grand jury will hear testimony and review the evidence the state has gathered in
support of its charges. The grand jury has the power to compel witnesses to attend its hearings; the accused and any witness on behalf of the accused
generally do not testify. Grand jury hearings are not conducted in public so that witnesses may speak freely and so that the accused will not be publicly
tainted if no indictment is returned. This is different from civil and criminal trials where, except in the case of family and juvenile matters,
the trials are open to the public. The grand jury may either return a no bill, which means no indictment, or a true bill, which is an indictment.
Each offense charged must be separately stated, although the charges may be combined into one indictment. Each
charge in an indictment is called a count. Some time before the trial, the defendant will appear before a judge at an arraignment and enter a plea of
guilty or not guilty. If the defendant pleads not guilty, a trial date is set. Before trial, there is a process called discovery, which requires both
parties to provide a list of their possible witnesses and other information. The information provided by the prosecutor must include all relevant
evidence, including things that may incriminate the defendant, as well as information that may be helpful to the defendant.
Back to Top
5) What Are the Requirements of Grand and Petit Juries?
The expressions grand jury and petit jury are both French in origin: "grand" meaning large
and "petit" meaning small. The terms refer to the number of jurors serving on each jury, not the importance of the respective functions. There are 23
members who deliberate as a grand jury, but no more than 12 who deliberate as a petit jury, whether in a civil or a criminal trial. The grand jury is
part of the criminal justice system. Although it acts under the authority of the courts and is considered a part of the court system, it is an
independent body with the authority to conduct investigations, to direct the prosecutor to assist in those investigations, and to subpoena witnesses,
that is, order them to appear in court, as well as require the production of other evidence that may be necessary to the investigations it conducts.
State statutes require that there be at least one grand jury sitting in each county at all times. The qualifications for serving as a grand or petit
juror in New Jersey are the same: A person must be at least 18 years old, a United States citizen, a resident of the county in which summoned and able
to read and understand English. Also, grand and petit jurors may not have pleaded guilty or been convicted of an indictable offense and must be able
to mentally and physically perform the functions of a juror. The judiciary will, with advance notice, provide reasonable accommodations consistent with
the Americans with Disabilities Act.
Back to Top
6) How Is a Jury Selected?
The entire group summoned for service by the assignment judge is called the jury panel. The jury manager and the staff of
the Jury Management Office within each county works with the trial judges and criminal and civil division managers to schedule a sufficient number of
jurors for each day's anticipated trials. The Jury Management Office communicates with judges or their staffs throughout the day so that jurors
are provided when needed and so that members of the jury panel may be dismissed for the day once all trial needs are met. The first step in a
trial is to select the number of jurors required to try the case from the panel. As discussed earlier, in most civil trials there are usually eight
jurors seated in order to allow for alternate jurors. In criminal cases, there are usually 14 jurors selected, again so that there are alternates
available. Jurors are randomly selected by computer. If you are called as a prospective juror, you are required to truthfully answer all questions
regarding your qualifications to serve as a juror in the case. Each of the lawyers or participants in the case has been provided with a jury list,
which contains information regarding each juror's name, address and occupation. After a short statement is given describing the case and the
parties involved, the judge will question the prospective jurors to determine if they are qualified to act fairly, impartially and without
interest in the result of the case. There are certain legal grounds for which a juror may be challenged for cause and excused, such as a juror being
incapable of being impartial due to prior dealings with a party, witness or attorney involved in the case. In addition, each side can excuse a certain
number of jurors without giving any reason. These are called peremptory challenges. The number of peremptory challenges is limited and is specified
within the court rules. Jurors who are challenged, including by peremptory challenge, should not feel offended - such procedures are simply another safeguard
operating within our trial system. The lawyers or the judge may ask prospective
jurors questions about their personal lives and beliefs. These questions should be
answered fairly, openly, candidly and without embarrassment. If there is any reason prospective jurors feel they should not serve, that reason should be
made known during this questioning. If there is a question a prospective juror feels he or she cannot answer in public, a request may be made to tell
the judge privately at the bench. The entire process of juror questioning is called voir dire, which is French for "speak the truth."
Back to Top
7) Why Do Jurors Take an Oath In a Civil and Criminal Case?
After the jurors are selected, they are required to swear, or to affirm, that they
will "...try the matter in dispute and give a true verdict according to the evidence." When the jurors take this oath, they become the judge of all
questions of fact and are duty bound to act fairly and impartially in considering the evidence presented. After the oath is administered, the
trial begins. At this time, the judge may give some preliminary instructions regarding how the case will proceed, as well as particular instructions
regarding procedures in that judge's courtroom.
Back to Top
8) What Is an Opening Statement?
At the beginning of the trial, each side has the opportunity to make an opening statement explaining its case, but is
not required to do so, except the prosecutor in a criminal trial. Generally, in an opening statement, attorneys for each party will explain the claims
and outline the evidence they will use to prove their party's claim. These statements are not evidence, but only an explanation of what each side
claims and expects to prove during the trial. Any claims made in the opening statement must be proven by evidence. In a criminal case, the offense is
against the people of the state, and the lawyer representing the state is called the prosecutor. As noted above, the prosecutor is required to make an
opening statement. The defense is not required to make an opening statement, but either the defendant, who is the person accused of committing the crime,
or the defendant's lawyer, may make one.
Back to Top
9) How Does Each Side Present Its Case?
Anything that tends to prove or disprove a claim about the facts is called evidence. Evidence generally
takes two forms, oral and documentary. Oral evidence comes in the form of testimony from witnesses. Documentary evidence may be something in writing,
or it may be an article such as a photo or a sound recording. Tangible evidence, such as a piece of an engine or another object, is called an
exhibit. The trial judge manages the trial and rules on the admissibility of evidence. During the trial, lawyers may refer to exhibits "marked for
purposes of identification" and ask the judge to admit the documents or objects "into evidence." Evidence can also be the statement of a witness, a
person who observed or participated in an event relevant to the subject of the trial. The witness's statement is called testimony. Whether an
individual witness may give testimony is a decision made by the judge. In some cases, the parties may present the testimony of expert witnesses. An
expert witness may not have observed the event that is the subject of the lawsuit. Rather, an expert witness is someone who, because of his or her
qualifications, is in a position to evaluate certain evidence and render an
opinion. The judge determines, prior to that person being permitted to testify, whether a witness is qualified, as a matter of law, as an expert.
If a witness is absent, written testimony or, in some cases, videotaped testimony, may have been taken before the trial, with the witness under
oath, in a deposition. Parts of the transcript of a deposition may be admitted as evidence at a trial and will be considered with all other
evidence presented in the case.
Back to Top
10) How Are Witnesses Examined?
To help prove a case, witnesses are generally called to testify. The witnesses are sworn to tell the truth. A
lawyer who has called a witness proceeds with direct examination, asking questions of the witness that will bring out the facts of the case. In any
important matter, the lawyer, on direct examination, is not allowed to ask leading questions, which are questions in a form that would suggest the
answer. For example, a question that starts out by saying "you agree that. . ." is a leading question and would be prohibited during direct examination.
The questions asked must also have some bearing on the case, and must be relevant by addressing things the witness would be expected to know. If
these and other rules are not followed, a lawyer for the other side may object to the question. If the question is improper, the judge will sustain
the objection, which means that the question cannot be answered. If the question is proper, the judge will overrule the objection and the witness
will be required to answer. The fact that the judge makes a ruling on a particular question does not reflect the judge's opinion regarding the
reliability of a witness, and it is important that jurors not give such rulings any weight when considering the evidence presented by either side.
When the direct examination is concluded, the lawyer for the other side may ask questions of the witness, which is known as cross-examining the witness.
The cross-examining lawyer is allowed to ask leading questions (as described above). At the conclusion of the cross-examination, the first lawyer may ask
questions to clarify points developed during the cross-examination. This is called redirect examination. If, during testimony by the witness, the judge
rules that a portion of the testimony be stricken from the record, the trial judge will instruct the jury to disregard that portion of the testimony.
Each juror should pay close attention to the witness who is testifying, both to hear what the witness says and to watch the witness's manner and actions.
In evaluating a witness's testimony, a juror may consider the witness's credibility and ultimately decide how much weight the testimony deserves.
When all evidence for the plaintiff or the state has been submitted, the
plaintiff's lawyer or the prosecutor indicates this by resting the case. At that time, the defendant's lawyer may or may not call witnesses or offer
evidence, following the same rules and procedures outlined for the prosecution. During both criminal and civil trials, the judge will give
jurors instructions regarding the burden of proof that applies to that
particular trial, as well as instructions on other areas of the law. When the defendant's case has been completed, the defendant's lawyer rests the
defendant's case. The plaintiff or prosecutor then has a final opportunity to offer evidence, known as rebuttal evidence, to explain or deny any of the
defendant's evidence.
Back to Top
11) What Are Closing Statements?
After all the evidence has been presented, the lawyers may make their final arguments to the jury and give
the reasons they believe their client should prevail. Lawyers for each side will attempt to point out why their client's witnesses should be believed
and why their evidence is more credible than evidence for the other side. While you should listen to the closing arguments carefully, always remember
that lawyers are only arguing for their side of the case. What they say is not evidence. You should not make up your mind until you have heard all
sides of the case and the instructions of the judge, and have had an opportunity to deliberate with your fellow jurors.
Back to Top
12) What Is The Judge's Role During the Trial?
The judge is responsible for making sure that the trial process proceeds in a proper manner. The
judge is also responsible for deciding issues of law and procedure that may
arise during the trial and for instructing the jury on the law. During the trial, a lawyer might request a judge to take certain action. This is
usually done by making a motion. For example, a lawyer may make a motion to strike certain testimony because it was not properly received. If the judge
orders the testimony stricken, the jury must disregard it and may not consider it during deliberations. A lawyer may also make a motion to prevent
a witness from testifying. These motions are usually heard by the judge alone, after the jury has been excused to the jury room. During a trial, a
juror may notice the judge call the your deliberations. The trial judge will identify one of the jurors as the foreperson. The foreperson's duty is to
communicate with the court on the jury's behalf and to facilitate discussions between the jurors. The foreperson does not carry any more
weight in the deliberations than any other juror. Once the jury has reached a verdict, the jury foreperson will report to the court officer that a
verdict has been reached and the jurors will be called back into the courtroom where the jury foreperson will read the verdict.
Back to Top
13) At the end of a trial, why does a judge give instructions to the jurors?
As noted earlier, the judge's role is to decide issues of law, and the
jury's duty is to decide issues of fact and apply the facts to the law. The
judge does not presume that you, as a juror, know what the law is on any
given issue. Rather, at the end of the case the judge will tell you what the
law is. You should listen very carefully to these instructions because they
will guide your deliberations. The trial judge will identify one of the
jurors as the foreperson. The foreperson's duty is to communicate with the
court on the jury's behalf and to facilitate discussions between the jurors.
The foreperson does not carry any more weight in the deliberations than any
other juror. Once the jury has reached a verdict, the jury foreperson will
report to the court officer that a verdict has been reached and the jurors
will be called back into the courtroom where the jury foreperson will read
the verdict. Back to Top
Re-printed with the permission of the New Jesey State Bar Foundation,
Copyright © 2000, The New Jersey State Bar Foundation. All rights reserved
|
©
Garrubbo, Capece & Millman P.C. Lawyers, Westfield,
New Jersey
Personal Injury, Discrimination, Matrimonial, Municipal Offenses, Criminal
Defense,
Commercial, Real Estate, Wills & Trusts
Attorneys at Law.
Site by
Consultwebs.com, Webs for Lawyers - Law Firms
|
|
|
