Frequently Asked Questions About Trials

A trial lawyer is an attorney who represents plaintiffs as well as defendants in court. The trial lawyer’s duty is to present evidence and arguments in favor of his/her client to finally convince the judge and/or jury. While many trial lawyers, especially in larger cities, limit their practice to trials, they may also be active in other areas such as divorce, business law, child custody, etc.

What is a mock trial?

A mock trial is a pre-trial scenario and serves as a first experience for the trial team. A (mock) jury is presented with the evidence of the case and the trial team can grasp the jury’s attitudes and takes on that particular case. After the mock trial, the trial team will get together, evaluate the jury’s opinions and strategize about the best way to present the case during the actual trial. Mock trials are not a necessity and are not done for each and every trial. After a certain amount of experience, lawyers might have learned certain patterns and procedures and a mock trial becomes obsolete.

How is the jury selected?

The American Justice System calls people for jury duty. Being called for jury duty does not necessarily mean that you will serve as a jury in an actual trial. However, in order to have a diverse jury, people need to be selected from various age classes and backgrounds and therefore everybody called to jury duty must serve. In most states, the requirements are the same. To serve on a jury you must be a U.S. citizen and you must be able to understand the English language. You must be at least 18 years of age, not convicted of and indictable offense and you cannot suffer from mental illness.

Why do the attorneys use expert testimony?

An expert witness is a person who has undergone a special kind of education or training in a specific area that a common person does not possess. In order to be considered an expert in an area, that person must have been active in the area for at least ten years. Due to that knowledge, an expert witness is a very credible source of information for court decisions and provides crucial information that could not have been given by any other person.

What is a grand jury vs. petit jury?

Grand jurors are not part of the trials. They are not physically present and are rather provided information by a prosecutor and are then left to decide whether there are grounds for criminal charges against a person.

Petit jurors are the trial jurors. They are physically present during the trial and listen to evidence and testimonies that are presented throughout the trial. At the end, they offer verdicts based on the evidence, testimonials and the attorneys’ arguments. Throughout the entire trial, nobody except the bailiff is allowed to speak to the jurors or address them in any other way.

I have heard plea-bargain numerous times. What is it?

An agreement between the defendant and the prosecutor in which the defendant agrees to plead guilty for a lesser sentence is called plea-bargain. Over 90 percent convicted felons have settled for plea-bargain.

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