Facts ABOUT THE LEGAL SYSTEM

To answer some basic questions about the American judicial system, we turned to the American Bar Association. We excerpted some of the most common inquiries from their 75-question booklet entitled, “Facts About the American Judicial System.” For the full booklet, visit www.unioncountyvoice.com or www.abanet.org.

WHAT DOES A PLAINTIFF HAVE TO SHOW IN ORDER TO WIN A CASE?
In a civil case, the plaintiff must usually convince a jury by a “preponderance of the evidence” (i.e., that it is more likely than not) that the defendant is responsible for the injury or harm the plaintiff has suffered. A higher standard of “clear and convincing evidence” applies in certain cases.

WHAT IS THE BURDEN OF PROOF IN A CRIMINAL TRIAL?
To get a conviction, the government’s burden of proof against a defendant must be “beyond a reasonable doubt.” That means the evidence presented by the prosecution must be so strong that there can be no reasonable doubt that the defendant committed the crime.

WHAT ARE A JUDGE’S INSTRUCTIONS TO A JURY?
Following closing arguments in a trial, judges instruct jurors about the rules, principles and standards of the particular legal concept presented at trial. They also inform the jury that its verdict must be based on the evidence presented at trial. Judges also explain the standard of proof that must be reached for a finding of guilt or liability.

The jury may often take the judge’s written instructions to the jury room for use during deliberations.

Source: American Bar Association, Law & The Courts, Volume II: Court Procedures,1998.

WHAT IS COURTROOM PROTOCOL?
Many people think of the old-time television courtroom drama “Perry Mason” when they think of typical courtroom scenes. In fact, the protocol observed in that TV courtroom adventure of years ago does have similarities to scenes that still exist in today’s courtrooms.

Lawyers, spectators and others in the court still rise when the judge enters, for example. Witnesses still raise their right hand and promise that their testimony is truthful, and they still face cross-examination, often at the hands of skillful trial lawyers.

WHAT IS THE JUDGE’S ROLE IN THE COURTROOM?
The judge’s role is to oversee the trial, explaining the process to jurors and establishing the daily schedule.

Judges also must rule on motions before the court such as whether to admit certain evidence. They also must rule on objections and other trial procedures. Most importantly, it is up to the judge to ensure that the trial is efficient and fair to all the parties.

WHAT IS THE DIFFERENCE BETWEEN A BENCH TRIAL AND A JURY TRIAL? DOES A DEFENDANT SELECT WHICH TRIAL HE OR SHE WANTS?
A bench trial is a trial before a judge only— that is, there is no jury present. Bench trials occur when a defendant waives his or her right to a jury trial. A jury trial is not always available in civil cases.

Source: THE ’LECTRIC LAW LIBRARY: www.lectlaw.com

WHY DO MOST PARTIES CHOOSE JURY TRIALS?
The right to have their cases decided by a group of their fellow citizens is among the most fundamental rights a citizen has. Over time, it has been shown that jurors perform a vital role in the American system of justice.

IS THERE A GUARANTEED RIGHT TO A JURY TRIAL?
The right to a jury trial in a civil suit in federal court is guaranteed by the Seventh Amendment to the Constitution. Most state constitutions also afford such a right, at least for some cases. In criminal cases, the right to a jury trial can be found in Article III, Section 2, of the U.S. Constitution and in the Sixth Amendment. That right is binding on the states through the due process clause of the Fourteenth Amendment.

WHO MAY SERVE AS A JUROR?
In the federal system, the Jury Act calls for random selection of citizens’ names from voter records. Some courts supplement voter lists with such sources as lists of licensed drivers or tax rolls.

Each federal judicial district has a formal written plan for the selection of jurors, a copy of which is available from the clerk of the court’s office.

There is a recognized right for deaf and blind persons to serve as jurors.

Source: Title 28, U.S. Code, Sections 1861-1878.

ARE THERE DIFFERENT KINDS OF JURIES?
Outside the military system, there are two types of juries at the federal level and in almost all the states. The most familiar kind of jury is the group of citizens that serves in civil or criminal trials. These individuals – often called petit jurors from “petit,” the French word for “small” – hear evidence in a case and determine whether a defendant
in a civil trial is liable, or whether a defendant in a criminal trial is guilty or not guilty.

The other kind of jury is the grand jury, a group of men and women brought together to listen to evidence of criminal allegations presented by prosecutors. It is the job of a grand jury to decide whether probable cause exists to believe that a person has committed the crime of which he or she has been accused, and to decide whether formal charges—an indictment—will be lodged against the suspect. Grand jurors do not have to agree unanimously to issue an indictment, although state law often requires a vote of two-thirds to three-quarters to indict.

Grand juries are called “grand” precisely because they generally are much larger than the “petit” juries used at trial. While the size of a grand jury varies depending on the jurisdiction, it usually consists of more than 12 individuals and can be as many as 23 persons.

In about half the states, grand juries are used to bring charges for felonies. In the other states, prosecutors have discretion to use them or to file charges on their own.

Like trial jurors, grand juries are selected from voter registration or drivers’ license lists. They are convened by the court to serve for a certain period of time, sometimes months. But grand jury sessions typically aren’t held every day. Rather, they are held only a few days each month.

Source: Understanding the Federal Courts, Administrative Office of the United States Courts.

WHAT IF A PARTY HAS A LEGAL DISPUTE BUT DOESN’T WANT TO GO TO COURT?
Any process that helps people put an end to their disputes is called dispute resolution. Alternatives to dispute resolution in the courts are becoming increasingly common, especially as both federal and state caseloads grow and as litigants realize how much time, money and toll the court process and protracted litigation can take.

The most common forms of alternative dispute resolution are mediation and arbitration. Mediation is a non-adversarial process in which a neutral person, the mediator, meets with the disputing parties to help them reach a settlement of their dispute. In arbitration, the parties submit their dispute to a neutral third person or persons. The arbitrator makes a decision after hearing arguments and reviewing evidence. In arbitration, the parties generally have agreed in advance to be bound by and comply with
that decision. Parties to the popular television show The People’s Court, for example, agree that the decision of the judge will be final.

Source: American Bar Association, Law & The Courts, Volume II: Court Procedures,1998.

Reprinted by permission from Facts About the American Judicial System. Copyright ©1999, American Bar Association. All rights reserved.

DO YOU KNOW HOW THE LEMON LAW WORKS?
By Kimmel & Silverman, PC

Is your car making you sour? Is it in the shop more than it is on the road? While many consumers know that there is a lemon law in effect, few know how it works. Here are answers to some of the most frequently asked questions.

HOW DOES THE NJ LEMON LAW WORK?
The New Jersey Lemon Law covers drivers whose vehicles suffer a nonconformity or defect within the first 24 months or 18,000 miles (whichever comes first) that can’t be repaired after repeated attempts (normally three) by the manufacturers authorized dealership. According to the Center for Auto Safety, the New Jersey Lemon Law is the second most effective lemon law in the nation.

DOES A PROBLEM ALWAYS NEED TO OCCUR THREE TIMES TO BE CONSIDERED A LEMON?
Not necessarily. If your car is in the shop 20 days or more in the first year, consecutive or not, we can file a claim under the Law. Likewise, if you are experiencing paint problems, the same kind of problem (electrical, water leak in the back versus water leak in the front, front brakes and then back brakes and then front brakes again), or if it is a significant problem that has occurred twice, we welcome you to submit your information for our consideration. We handle each case separately and we have made exceptions in the past.

ARE LEASED CARS COVERED UNDER THE NEW JERSEY LEMON LAW?
Yes, cars that are purchased and leased are both covered.

WHAT HAPPENS IF I FALL OUTSIDE THE 24 MONTHS/18,000 MILES BEFORE MY FIRST PROBLEM EXISTS? DOES THIS MEAN I DO NOT HAVE A CLAIM?
No. If you are having continuous problems and your car is under a manufacturer’s warranty, we can still help under the Federal Magnuson-Moss Warranty Act.

HOW DOES THE NJ LEMON LAW OFFER COST-FREE REPRESENTATION?
The New Jersey Lemon Law contains a fee-shifting provision, which means that if the consumer prevails, the manufacturer must pay all attorney fees and legal costs on top of what you receive. The fee-shifting provision gives you equal footing when battling against a multi-billion dollar automobile manufacturer.

I HAVE HAD MY CAR FOR ONLY A FEW DAYS AND ALREADY I AM HAVING PROBLEMS WITH IT. CAN I JUST RETURN IT TO THE DEALERSHIP?
No. Problems can occur immediately, but if you are interested in opening a New Jersey Lemon Law claim, you must follow proper procedures. That means making an appointment to have your car examined and repaired, and securing a repair invoice when you pick up your car. Make sure the invoice properly outlines all of the problems you disclosed to the service manager. We also suggest you keep a personal log of your repair visits and hold on to the invoices. This does not mean that we can’t help you if you don’t have the invoices (we can subpoena them if necessary) but it does make your case move along smoother.

Do not just drop off your car and keys at a dealer and say, “I don’t want this car anymore.” They could count it as a voluntary repossession and it could negatively affect your credit. If you are having problems, consult a consumer attorney.

ARE USED CARS COVERED UNDER THE NEW JERSEY LEMON LAW?
You may have heard about a used car lemon law in New Jersey. We represent consumers under the Magnuson-Moss Warranty Act. As mentioned earlier, this law, which provides the same cost-free representation as the NJ Lemon Law, protects consumers with used cars who have repeated problems under an original or extended manufacturers warranty.

Also, if a dealer misrepresents a car at the time of sale, lying about accident history or not disclosing lemon or salvage history, you may have rights under the New Jersey Unfair Trade Practices Act.

I HAVE SO MANY MORE QUESTIONS. WHO CAN I ASK?
Call 1-800-LEMON-LAW (1-800-536-6652) 24 hours a day and we will be glad to get back to you as soon as possible. You can visit www.lemonlaw.com.

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