What is the difference between a plaintiff and a prosecutor?

What is the difference between a plaintiff and a prosecutor?

In criminal matters, it is the prosecuting party that files a case, and in civil cases, the party is known as the plaintiff. …

Who bears the burden of proof in a criminal case?

For example, in criminal cases, the burden of proving the defendant’s guilt is on the prosecution, and they must establish that fact beyond a reasonable doubt. In civil cases, the plaintiff has the burden of proving his case by a preponderance of the evidence.

Who gives opening statements first?

Overview. The opening statement is the lawyer’s first opportunity to address the jury in a trial. Generally, the party who bears the burden of proof (plaintiff in a civil case or prosecution in a criminal case) begins the opening statements, followed immediately after by the adverse party (defendant).

What is not allowed in an opening statement?

Prosecutors and defense attorneys generally have considerable latitude in what they’re allowed to say in opening statement. That said, they’re not allowed to “argue” (argument is saved for closing), nor are they allow to refer to inadmissible evidence or facts they don’t intend to or can’t prove.

What should you not do in an opening statement?

In this article I will discuss with you the five most damaging mistakes you can make in an opening statement.“What I say is not evidence…” Do Not Waste Your Opening Statement Primacy. Do Not Start On A Boring Part Of The Story. Do Not Set Out To Disprove The Other Side’s Story. Do Not Ignore The Bad Facts.Weitere Einträge…