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How does the prosecuting attorney begin the case?

Dec 12, 2019 · In most states, once the contract is signed and an earnest money check is written, the check is deposited with a third party such as an attorney or a title and escrow company. That third party sets up a file and begins researching the ownership history, or chain of title, of the property by looking through public records.

What is the opening statement in a criminal case?

Feb 24, 2022 · Sam Waterston’s beloved District Attorney Jack McCoy is among them. New episodes begin Thursday on NBC, and start streaming Friday on Peacock and Hulu. Yes, the show promises episodes will be ...

Do you need an attorney to represent yourself in court?

Feb 23, 2022 · The retrial comes after a prosecutor deemed the assault convictions and subsequent sentences too lenient. “We’re starting from the very beginning, a blank slate,” said Christos Kaklamanis ...

What happens at the initial appearance in a criminal case?

Feb 17, 2022 · The letter comes after the Greenbergs asked the office to review the manner of death of their daughter. She was found in her Manayunk apartment with …

What is the order of the trial process?

Pretrial Stage - discovery process, finding of facts. Trial Stage - seating of the jury, testimony on behalf of the plaintiffs and testimony on behalf of the defendants. Post Trial - concluding arguments, judge's charge to the jury, jury deliberations, announcement of judgment, motions for new trial or appeal.Sep 22, 2020

What comes after the opening statements?

Opening statements are followed by the case-in-chief. The prosecutor or plaintiff's attorney again goes first. ... Once the prosecutor or plaintiff has presented all their evidence and witness testimony, and the defendant has had a chance to cross examine, the prosecution or plaintiff then rests their case.

What is the first step in the discovery process?

The first phase of the discovery process is the written discovery phase. During this phase, your attorney may send and receive requests to produce documents, requests for admissions of facts, and written interrogatories.Oct 27, 2020

What happens when a trial begins?

Once the trial begins, both the prosecution and defense will give opening statements in court. The statements provide an outline of what the case is about and what each side is trying to prove. ... If the trial is being decided by a judge, the judge will make a decision, or verdict.

What does an opening statement and attorneys explain in an opening statement?

Opening statement: The opening statement is the time during which the attorney may speak to the jury and describe the case. ... It is during the opening statement that attorneys will tell the story of the case and what they hope to prove using the evidence that will be presented.

Who goes first with opening statements?

Steps in a Trial The trial begins with the opening statement of the party with the burden of proof. This is the party that brought the case to court--the government in a criminal prosecution or the plaintiff in a civil case--and has to prove its case in order to prevail.Nov 28, 2021

What happens during the discovery phase of a lawsuit?

Discovery is the pre-trial phase in a lawsuit in which each party investigates the facts of a case, through the rules of civil procedure, by obtaining evidence from the opposing party and others by means of discovery devices including requests for answers to interrogatories, requests for production of documents and ...

What occurs after the lawsuit if the defendant wins?

After the judge, or a jury, grants you your award or judgment, you must still pursue or “execute” on the judgment. Lawsuits typically resolve with one of two different outcomes – you receive an order from the court requiring the party to do something (or refrain from doing something) or you receive a monetary award.

What are the five major methods of discovery?

There are basically six types of discovery in family court: 1) interrogatories; 2) requests for production of documents and inspection 3) requests for admissions; 4) depositions; 5) subpoenas duces tecum; 6) physical and mental examinations.

Why does the prosecution go first?

These statements usually are short like an outline and do not involve witnesses or evidence. The prosecutor makes an opening statement first because the Government has the burden of proving that the defendant committed the crime.

What are the steps in the court process?

Investigation.Charging.Initial Hearing/Arraignment.Discovery.Plea Bargaining.Preliminary Hearing.Pre-Trial Motions.Trial.More items...

How judges decide cases?

Trials in criminal and civil cases are generally conducted the same way. After all the evidence has been presented and the judge has explained the law related to the case to a jury, the jurors decide the facts in the case and render a verdict. If there is no jury, the judge makes a decision on the case.

What happens after a contract is signed?

Soon after the contract is signed, the buyer usually inspects the property to ensure that it meets his expectations. Most buyers look at the property's overall physical condition -- at a minimum. If the property is in good condition, continues with the transaction. If not, the buyer may attempt to renegotiate the price or obtain repairs from the seller.

What happens at closing?

At the closing, the buyer and seller sign the documents necessary to transfer ownership of the property, pay off the seller's mortgage and establish the buyer's mortgage. Money also changes hands to prorate property taxes and utility bills.

What does a title search confirm?

A title search confirms that the seller has the legal right to sell the property, and that the title is free of liens.

How long does it take to close a real estate transaction?

Real estate transactions are much more complicated than buying and selling consumer goods. Typically, after contract acceptance, it may take weeks or months to finalize the transaction. During that time, the buyer, the seller and third parties work together to inspect the property, establish its title, obtain financing to close the sale.

What is a final walk through inspection?

Called a final walk-through, the inspection also confirms that the seller finished any repairs that he agreed to under contract.

Do you need a pre-authorization letter for a mortgage?

Although buyers frequently have a mortgage pre-authorization letter in hand before putting the house under contract , the financing process begins in earnest after both parties agree on price and terms. The lender hires an appraiser to inspect and report on the property's value, while the lender's underwriting team decides processes the buyer's application for final loan approval. If everything works out, the transaction can move into the final steps.

What happens if a will is challenged?

If the will is successfully challenged, the court could accept a prior will or decide to proceed as if there was no will. If the estate executor becomes incapable of continuing the complex work of settling the estate, she may resign from her post as executor -- and the court must appoint a new executor or administrator. If the beneficiaries or heirs can prove that the personal representative or administrator has stolen from, or not properly managed, the estate, they can petition the court for removal of the personal representative. If this occurs, the court will appoint a replacement. These challenges are costly and time-consuming, but do occur.

What is the role of a personal representative in probate?

The personal representative must ultimately ensure that the estate assets are distributed to the rightful recipients. Once all the estate debts and taxes are paid, before distributing the remaining assets to beneficiaries and heirs, the executor must prepare a final accounting. State laws typically require that in cases of court-supervised probate, the court approve the final accounting before the final distribution of the assets can occur. In some states, such as New York, the beneficiaries can agree to approve the accounting informally, or without a separate accounting proceeding in court.

What happens if you die without a will?

Whether a person dies with our without a will, in most cases, his estate must go through the probate process. Although state probate laws vary, the probate process is fairly uniform throughout the United States. It is generally a court-supervised process for gathering the assets of the deceased, paying his creditors and taxes ...

What is a personal representative?

Personal Representative. Once a beneficiary or heir petitions a probate court to open an estate, the court assesses the validity of a will, assuming there is one. The court then appoints a personal representative, also called an executor, if one is named in the will, or an estate administrator if there is no will or no executor is named, ...

What happens to property when you die in probate?

During the probate process, real property owned by the deceased is retitled to his beneficiaries or heirs. To open probate and begin the process, an interested party, typically a beneficiary or heir, must file a petition with the state court that handles probate.

Who is Cindy Hill?

A freelance writer since 1978 and attorney since 1981, Cindy Hill has won awards for articles on organic agriculture and wild foods, and has published widely in the areas of law, public policy, local foods and gardening.