James (1566–1625) of England declared that certain crimes in the colonies were to be tried before juries. In early civil trials, the parties could choose, by mutual consent, a jury or court trial. Criminal defendants could also choose a jury or court trial. By the late 1600s, several colonies were holding jury trials, but jury trials were unavailable to many citizens. During the revolutionary period (1765– 1815), many documents noted the importance of jury trials. The colonists feared that the y could not get a fair trial before a judge who usually was appointed by the king or his representatives. In 1774, the First CONTINENTAL CONGRESS declared that the colonists were entitled to the “great and inestimable privilege of being tried by their peers of the vicinage.” The 1775 Declaration of Causes and Necessities and Taking Up Arms specifically noted the deprivation of jury trials as a justification for forcibly resisting English rule. The DECLARATION OF INDEPENDENCE noted that many colonists were not permitted jury trials. The constitution of Virginia, which is considered the first written constitution of modern republican government, contained a BILL OF RIGHTS providing for a jury of 12 and a unanimous verdict in criminal cases, and trial by jury in civil cases. After several other states adopted similar provisions in their constitu- tions, the U.S. Constitution was drafted to require trial by jury in criminal cases. Although the Constitution did not provide for jury trials in civil cases, the first Congress incorporated trial by jury in civil cases into the Bill of Rights. Since that time, trial by jury has become universal in the courts of the United States, although juries are not used in all cases. Pretrial Matters Technically, a trial begins after the preliminary matters in the action have been resolved and the jury or court is ready to begin the examination of the facts. The trial ends when the examina- tion is completed and a judgment can be entered. The trial of a jury case ends on the formal acceptance and recording of a verdict decisive of the entire action. Before the trial may begin, however, certain preliminary matters must be resolved. Venue Venue refers to the particular county or city in which a court with jurisdiction may conduct a trial. The proper venue for most trials is the city or county in which the injury in dispute allegedly occurred or where the parties reside. Venue may, however, be changed to another jurisdiction. Sometimes the proper venue for a trial is difficult to determine, such as in cases involving multinational corporations or class actions involving plaintiffs from many different states. The venue for a criminal trial can change if a defendant persuades the trial court that he cannot obtain a fair trial in that venue. For example, a defendant may request a change of venue because he feels that extensive PRETRIAL PUBLICITY has prejudiced the local public. Pretrial Motions and Con ference Motions may be made by the parties at any time prior to trial and may have a significant impact on the case. For example, in a criminal case, the trial judge might rule that the primary piece of incriminating evidence is not admissible in court. In a civil case, the judge might grant SUMMARY JUDGMENT, which means that no significant facts are in dispute and judgment may be entered without the need for a trial. Before the trial begins, the court holds a PRETRIAL CONFERENCE with the parties’ attorneys. At the pretrial conference, the parties narrow the issues to be tried and decide on a wide variety of other matters necessary to the disposition of the case. Public versus Closed Trials Although most trials are presumptively open to the public, sometimes a court may decide to close a trial. Generally a trial may be closed to the public only to ensure order and dignity in the courtroom or to keep secret sensitive informa- tion that will come to light during the trial. Thus, a trial might be closed to the public to protect classified documents, protect trade secrets, avoid intimidation of witnesses, guard the safety of undercover police officers, or protect the identity of a juvenile. Although trials are usually open to the public, most jurisdic- tions do not permit television cameras or other recording devices in the courtroom. A growing minority of states permits cameras in the courtroom, although the judge still has the discretion to exclude the cameras if he or she feels that their presence will interfere with the trial. Trial Participants Judge The judge presides over the court and is the central figure in a trial. It is the presiding judge’s respo nsibility to conduct an orderly trial GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 108 TRIAL and to assure the proper administration of justice in his court. The judge decides all legal questions that arise during the trial, controls the presentation of evidence by the parties, instructs the jury, and generally directs every aspect of the trial. The judge must be impartial, and any matter that lends even the appearance of impartiality to the trial may disqualify the judge. Because of his importance, the presiding judge must be present in court from the opening of the trial until its close and must be easily accessible during jury trials while the jury is deliberating on its verdict. The judge holds a place of honor in the courtroom. The judge sits above the attorneys, the parties, the jury, and the WITNESS STAND. Everyone in the courtroom must stand when the judge enters or exits the courtroom. The judge is addressed as “your Honor” or “the Court.” In the United States, judges usually wear black robes during trials, which signify the judges’ importance. The judge will conduct the trial with dignity . If the judge feels that a person is detracting from the dignity of the proceedings or otherwise disrupting the courtroom, he or she may have the person removed. A trial judge has broad powers in his courtroom. In general, the presiding judge has discretion on all matters relating to the orderly conduct of a trial, except those matters regu- lated by rule or statute. The judge controls routine matters such as the time when court convenes and adjourns and the length of a recess. When the parties offer evidence, the judge rules on any legal objections. The judge also instructs the jury on the law after all of the evidence has been submitted. Although the judge has broad discretion during the trial, his rulings must not be ARBITRARY or unfair. Also, the judge must not prejudice the jury against any of the parties. Unless special circumstances are present, how- ever, a party can do little during the trial if it disagrees with a ruling by the judge. The judge’s decision is usually final for the duration of the trial, and the party’s only recourse is to appeal the judge’s decision after the trial has ended. Parties In a trial, the term party refers to an individual, organization, or government that participates in the trial and has an interest in the trial’s outcome. The main parties to a lawsuit are the PLAINTIFF and the defendant. In a civil trial, the plaintiff initiates the lawsuit and seeks a remedy from the court for private civil wrongs allegedly committed by the defendant or defen- dants. There may be more than one plaintiff in a civil trial if they allege similar wrongs against a common defendant. In a criminal trial, the plaintiff is the government, and the defendant is an individual accused of a crime. A party in a civil trial may be represented by counsel or may represent himself. Each party has a FUNDAMENTAL RIGHT to be present at every critical stage of the proceedings, although this right is not absolute. A party may, however, choose not to attend the trial and be represented in court solely by an attorney. The absence of a party does not deprive the court of jurisdiction. The court must afford the parties the opportunity to be present, but if the opportunity is given, a party’s absence does not affect the court’s right to proceed with the civil trial. In a criminal trial, the government is represented by an attorney, known as the PROSECUTOR, who seeks to prove the guilt of the defendant. Although a criminal defendant may represent himself during trial, he is entitled to representation by counsel. If a defendant cannot afford an attorney, the court will appoint one for him. A criminal defendant has a con- stitutional right in most jurisdictions to be present at every critical stage of the trial, from jury selection to sentencing. Also, many court decisions have held that the trial of an accused without his presence at every critical stage of the trial violates his constitutional right to DUE PROCESS . A defendant may waive this right and choose not to attend the trial or portions of the trial. Jury The jury is a group of citizens who are charged with finding facts and reaching a verdict based on the evidence presented during the trial. The jury renders a verdict decisive of the action by applying the facts to the law, which is explained to the jury by the judge. The jury is chosen from the men and women in the community where the trial is held. The number of jurors required for the trial is set by statute or court rule. Criminal trials usually require 12 jurors, whereas civil trials commonly use six- person juries. Also, alternate jurors are selected in the event that a regular juror becomes unable to serve during the trial. Longer trials require more alternate jurors. The jurors sit in the jury box and observe all of the evidence offered GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION TRIAL 109 during the trial. After the evidence is offered, the judge instructs the jury on the law, and the jury then begins deliberations, after which it renders a verdict based on the evidence and the judge’s instructions on the law. In civil trials, the jury determines whether the defendant is liable for the injuries claimed by the plaintiff. In criminal trials, the jury determines the guilt of the accused. Attorneys Every party in a trial has the right to be represented by an attorney or attorneys, although a party is free to conduct the trial himself. If a party elects to be represented by an attorney, the court must hear the attorney’s arguments; to refuse to hear the attorney woul d deny the party DUE PROCESS OF LAW. In a criminal trial, the defen dant has a right to be rep resented by an attorney, or attorneys, of his choosing. If the defenda nt cannot afford an attorney, and the crime is more serious than a PETTY OFFENSE, the court will appoint one for him. An indigent party in a civil lawsuit is generally not entitled to a court-appointed attorney, although a court may appoint an attorney to represent an indigent prisoner in a CIVIL RIGHTS case. The attorneys are present in a trial to represent the parties, but they also have a duty to see that the trial is fair and impartial. The trial judge may dismiss an attorney or impose other sanctions for improper conduct. Thus, attorneys must at all times conform their conduct to the law. Attorneys must avoid any conduct that might tend to improperly influ- ence the jury. Also, attorneys’ conduct is governed by various ethical rules. Within these bounds, however, the attorney may zealously represent her client and conduct the trial as she sees fit. Witnesses Witnesses provide the chief means by which evidence is offered in a trial. Through witnesses, a party will attempt to establish the facts that make up the elements of his case. A witness may testify on virtually any matter if the matter is relevant to the issues in the trial and the witness observed or has knowledge of the events to which he is testifying. Witnesses are also used to provide the foundation for documents and other physical evidence. For example, if the state wis hes to introduce the defendant’s fingerprints from a crime scene in a criminal trial, it must call as a witness the police officer who identified the fingerprints in order for the fingerprints to be admitted as evidence. The police offi cer would testify that he found the fingerprints at the crime scene and that he determined that the fingerprints matched the defendant’s fingerprints. A witness must testify truthfully. Before giving testimony in a trial, a witness takes an oath or affirmation to tell the truth; a witness who refuses the oath or affirmation will not be permitted to testify. A typical oath states, “I swear to tell the truth, the whole truth and nothing but the truth, so help me God.” The exact wording of the oath is not important, however. As long as the judge is satisfied that the witness will tell the truth, the witness may take the witness stand. A witness who testifies falsely commits the crime of PERJURY. Virtually anyone may be a witness in a trial. Generally, a person is competent to be a witness in a trial if he is able to perceive, remember, and communicate the events to which he is to testify and understands his obligation to tell the truth. Thus, even a young child may be a witness, as long as the judge is satisfied that the child is able to relate the events to which he will testify and understands that he must tell the truth. Simi- larly, people with mental disabilities may testify at a trial if they meet the same criteria. One special type of witness is an expert witness. Normally, a witness may only testify as to what she saw, heard, or otherwise observed. An expert witness, if properly qualified, may offer her opinion on the subject of her expertise. Expert witnesses are used when the subject matter of the witness’s testimony is outside the jury’s common knowledge or experience. Expert witness testimony is often extremely important in lawsuits. For example, in a criminal trial where the defendant pleads the INSANITY DEFENSE,the experts’ opinions on whether the defendant was insane at the time of the crime will most likely decide the outcome of the trial. Support Personnel A number of people may assist the trial judge in conducting the trial. The COURT REPORTER, also known as the STENOGRA- PHER , records every word stated during the trial, except when the judge holds a conference off the record. The court reporter prepares an official transcript of the trial if a party requests it. The BAILIFF is an officer of the court who keeps order in the courtroom, has custody of the jury, and has custody of prisoners who appear in the courtroom. In federal court, U.S. MARSHALS have custody of prisoners who appear in court. A language interpreter is present in GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 110 TRIAL a courtroom when a party or witness is unable to speak English. Finally, most judges have a law clerk who assists the judge in conducting research and drafting legal opinions. Trial Process Jury Selection Although a trial does not technically begin until after the jury is seated, jury selection, or VOIR DIRE, is commonly referred to as the first stage of a trial. At the beginning of a trial, the jury is chosen from the jury pool, a group of citizens who have been randomly selec ted from the community for jury duty. The judge and the attorneys representing the parties question each of the prospective jurors. If a prospective juror is for any reason not able to judge the evidence fairly, he will not be allowed to sit on the jury. This is known as a challenge for cause. A prospective juror may be challenged for conviction of a serious crime; a financial interest in the outcome of the controversy; involvement in another proceed- ing concerning one of the parties; a business, professional, personal, or family relationship with a party; or any other reason that might indicate bias. In addition to challenges for cause, the parties’ attorneys may issue a certain number of peremptory challenges against prospective jur- ors. An attorney may use a PEREMPTORY CHAL- LENGE to keep any prospective juror off the jury even if he has no reason to believe that the prospective juror would judge the trial unfairly. A peremptory challenge may not be based on race, however. Once the jurors and alternate jurors are seated, the judge usually gives the jury prelimi- nary instructions on the law. The purpose of the preliminary instructions is to orient the jurors and explain their duties. Typically, the judge will summarize the jurors’ duties, instruct them on how to conduct themselves during recesses, and describe how trials are conducted. The judge may summarize the nature of the CAUSE OF ACTION and the applicable law. The preliminary instructions usually la st only a few minutes. Opening Statements After the judge gives the preliminary instructions, the attorneys for the parties give their opening statements to the jury. During opening statements, the lawyers outline the issues in the case and tell the jury what they expect the evidence will prove during the trial. The purpose of the OPENING STATEMENT is to give a general picture of the facts and issues to help the jury better understand the evidence. The opening statements usually last ten to thirty minutes, although sometimes they are much longer. The judge can limit the time for opening statements. Usually an attorney will present her open- ing statement as a story, giving a chronolo- gical overview of what happened from the party’s viewpoint. Although the attorneys will present the case in the best possible light for their clients, the opening statements should be factual, not argumentative. The opening statements are not evidence, and the attorneys should not offer their opinion of the evidence. Attorneys are not permitted to make statements that cannot be supported by the evidence they expect to present during the trial. Cases in Chief After the opening statements, the plaintiff, who has the burden of proving his allegations, begins his CASE IN CHIEF, in which he attempts to prove each element of each legal claim alleged in the complaint (civil) or INDICTMENT (criminal). After the plaintiff has concluded his case in chief (and assuming the judge does not dismiss the plaintiff’s claim for lack of proof), the defendant presents his case in chief. The defendant presents evidence to refute the plaintiff’s proof and establish any AFFIRMA- TIVE DEFENSES . The defendant may also present evidence to support claims he has against the plaintiff (counterclaims) or third parties (cross- claims). During the case in chie f, a party may offer evidence of any type in any order it wishes. Before the evidence may be presented to the jury, however, it must be admitted into evidence by the judge. If a party objects to the admission of any evidenc e, the judge must rule on the objection. The admission of evidence is gov- erned by the RULES OF EVIDENCE. Each jurisdiction has its own rules of evidence, but the rules in most jurisdictions are patterned after the FEDERAL RULES OF EVIDENCE. The rules of evidence are extensive and require hours of study by trial attorneys. If the judge determines that evidence offered by a party is admissible under the rules, she will admit the evidence. During their cases in chief, the parties have four possible sources of proof: witnesses, exhibits, stipulations, and JUDICIAL NOTICE. The parties elicit proof from a witness through an examination. The party who calls the witness GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION TRIAL 111 conducts the initial examination, known as the DIRECT EXAMINATION. The party’s attorney asks the witness questions designed to elicit testi- mony helpful to his case. After the direct examination is completed, the opposing party may cross-examine the witness. During CROSS- EXAMINATION, a par ty will often attempt to discredit the witness’s testimony by question ing the truthfulness of the witness or raising inconsistencies or weaknesses in the witness’s testimony. In most jurisdictions a party may only cross-exam ine the witness about the subjects discussed in the testimony given during the direct examination. The party who origi- nally called the witness may continue to question the witness following the cross-exami- nation. This is known as redirect examination and is usually used to clarify or rebut issues raised during the cross-examination. The other party could then recross-examine the witness concerning the testimony offered dur ing the redirect examination. In some jurisdictions the judge may ask the witness questions, and a few jurisdictions permit the jury to ask the witness questions, usually written questions read by the judge. Witnesses can offer proof in a variety of ways. Most commonly, a witness will simply describe what she saw, heard, or observed to establish events making up elements of a party’s claim. For example, in an ASSAULT AND BATTERY trial, the plaintiff might call a witness to testify that she saw the defendant strike the victim. A witness might be used to establish the founda- tion for the admission of other evidenc e, such as business records. Many jurisdictions allow character witnesses. Usually used in criminal cases, character witnesses can offer evidence of specific character traits or evidence of truthful- ness or untruthfulness. Rules of evidence govern the testimony of witnesses. Although the rules are far too extensive to discuss in depth, several rules are important in every trial. Rule 402 states the basic tenet of evidence law: Evidence that is relevant to a fact in issue in the trial is admissible, and evidence that is not relevant is not admissible (subject to various exceptions stated in the rules). Virtually any evidence may be excluded from a trial under this rule if the trial judge believes that it will not help prove a fact at issue in the trial. Rule 802 is the HEARSAY rule, which prohibits a witness from testifying about statements made out of court, unless special circumstances apply. Such statements are known as hearsay statements and are thought to be unreliable evidence. Thus, generally, witnesses may only testify about their own knowledge and observations. The hearsay rule contains many complicated exceptions, how- ever, and is often criticized as being too rigid and overly complicated. Although the rules of evidence apply to both criminal and civil trials, certain rules have heightened importance in criminal trials. Rule 609 generally prohibits the admission of evidence that a witness has been previously convicted of a crime when the evidence is used to attack the witness’s credibility. Evidence of prior convic- tions is admissible to attack the credibility of a witness when the prior crime was serious or involved dishonesty or false statement. The judge can still exclude such evidence if a long period of time has passed since the conviction or if the evidence would unduly prejudice the jury. This rule is often important when a criminal defen- dant with a criminal record is considering whether to testify in his defense. Also, Rule 608 generally prohibits evidence attacking the char- acter of a witness. However, the rule does allow evidence concerning the veracity of the witness. A party may not offer evidence of the truthful- ness of a witness, however, unless the other party has questioned the witness’s credibility. Finally, although not specifically a rule of evidence, the FIFTH AMENDMENT of the U.S. Constitution provides that a witness cannot be compelled to testify if the testimony could lead to the witness’s SELF-INCRIMINATION. Besides witnesses, exhibits are the other principal form of evidence in a trial. The four principal types of exhibits are real objec ts (guns, blood, machinery), items used for demonstra- tion (diagrams, models, maps), writings (con- tracts, promissory notes, checks, letters), and records (private business and public records). Before an exhibit may be admitted as evidence in a trial, a foundation for its admi ssibility must be laid. To provide foundation, the party offering the exhibit need only establish that the item is what it purports to be. The foundation for the evidence may come from witness testi- mony or other methods. As with witness testi- mony, the admissibility of exhibits is governed by rules of evidence and is within the discretion of the trial judge. The third type of evidence that the parties may offer during their case in chief is the GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 112 TRIAL stipulation. A stipulation is an agreement between the parties that certain facts exist and are not in dispute. Stipulations are shown or read to the jury. The purpose of a stipulation is to make the presentation of undisputed evi- dence more efficient. For example, the parties might stipulate that an expert witness is an expert in her field so that time is not wasted establishing the witness’s credentials. Judicial notice is the fourth method of offering evidence to the jury. If the judge takes judicial notice of a fact, the fact is assumed true and admitted as evidence. Judges take judicial notice of facts that are commonly known in the jurisdiction where the trial is held (e.g., the Empire State Building is in Manhattan) and facts that are easily determined and verified from a reliable source (e.g., it rained in Manhattan on May 28, 2001). As with stipula- tions, the prim ary purpose of judicial notice is to speed the presentation of evidence that is relevant but not in dispute. When a party finishes offering evidence to the jury, he rests his case. Rebuttals After the defendant rests her case in chief, and any motions are decided, the plaintiff may introduc e evidence that rebuts the defen- dant’s evidence. Rebuttal evidenc e is usually offered to prove a defense to the defendant’s counterclaims or to refute specific evidence introduced by the defendant. Finally, the defendant may rebut evidence offered during the plaintiff’s rebuttal case. This is known as the defendant’s surrebuttal case. Motions Although motions might be made on a variety of issues at any moment in a trial, certain important motions are made during virtually every trial. After the plaintiff rests his case in chief, the defendant usually moves for a DIRECTED VERDICT. (This motion has different names in different jurisdictions. In criminal cases, this type of motion is often called a motion for judgment of ACQUITTAL. The sub- stance of the motion is the same in virtually every jurisdiction.) A motion for directed verdict asserts that the plaintiff failed to establish a critical element of his claim during his case in chief. If the plaintiff has failed to offer any evidence to support an element of his claim, the judge will enter judgment for the defendant. The defendant need not offer any evidence; the trial is over. For purposes of the motion, the judge will consider all of the plaintiff’s evidence in the light most favorable to the plaintiff. For example, the judge will consider all of the testimony offered by the plaintiff’s witnesses to be true. Although motions for directe d ve rdict a re made in virtually every trial, they seldom are granted. After the defendant’s case in chief, the plaintiff may move for a directed verdict on any of the defendant’s affirmative defenses and counterclaims. The motion is identical to a defendant’s motion for a directed verdict, except that the judge will consider the defen- dant’s evidence in the light most favorable to the defendant. If the defendant has offered evidence to support all of the elements of her AFFIRMATIVE DEFENSE or COUNTERCLAIM, the plain- tiff’s motion for directed verdict is denied. Finally, either party may make a motion for directed verdict after the close of all evidence. Again the judge considers the evidence in the light least favorable to the party making the motion and decides whether PROBATIVE evidence supports the nonmoving party’s claims. Closing Arguments After both sides have rested, the attorneys give their closing argu- ments. During closing arguments, the attorneys attempt to persuade the jury to render a verdict in their clients’ favor. Typically, the attorneys tell the jury what the evidence has proved, how it ties into the jury instructions (which the attorneys and judge agreed upon in a confer- ence held before closing arguments), and why the evidence and the la w require a verdict in their favor. Because closing arguments provide the attorneys with their last chance to persuade the jury, the closing arguments often provide the most dramatic moments of a trial. Closing arguments typically last 30 to 60 minutes, although they can take much longer. In most jurisdictions, the plaintiff argues first and last. That is, the plaintiff argues first, then the defendant argues, and then the plaintiff makes a rebuttal argument. Actually, the party with the BURDEN OF PROOF usually argues first and last. This is almost always the plaintiff, but sometimes the only issues remaining for the jury to decide are affirmative defenses or counterclaims raised by the defendant. Also, a few jurisdictions allow only one argument per side, and in a few of these, the defendant argues first, plaintiff last. Jury Instructions After the attor neys have completed their closing arguments, the judge instructs the jury on the law applicable to the GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION TRIAL 113 case. In most jurisdiction s the judge will both read the instructions and provide writ ten instructions to the jury. A few jurisdictions only read the instructions. The jury will also be given verdict forms. On the verdict form, the jury will indicate how it finds on each of the claims presented during the trial. Sometimes the jury may be given a SPECIAL VERDICT form asking how the jury finds on a specific issue of fact or law. The jury instructions normally last 10 or 15 minutes, although they may take much longer in complex cases. Jury Deliberations and Verdict After the judge has finished instructing the jury, the jury retires to the jury room to begin deliberations. At this time the alternate jurors are dismissed, although some jurisdictions allow the alternate jurors to participate in deliberations. The court bailiff brings the exhibits and written instruc- tions to the jury room and safeguards the jury’s privacy during deliberations. It is largely up to the jury to decide how to organize itself and conduct the deliberations. The judge usually only instructs the jurors to select a foreperson to preside over the delibera- tions and to sign the verdict forms that reflect their decisions. Jurors sometimes have ques- tions during their deliberations. Usually, they write their questions and give them to the bailiff, who takes them to the judge. The judge confers with the attorneys and sends a written response to the jury. A jury might deliberate anywhere from a few minutes to several days. Usually the jury must reach a unanimous verdict, although majority verdicts are some- times allowed in civil cases. If the jury tells the judge it cannot reach a verdict, the judge usually gives the jury some further instructions and returns it to the jury room for further delibera- tions. If the jury still cannot reach a verdict, however, the jury is deadlocked, and a MISTRIAL is declared. The case must then be retried. Usually, however, the jury reaches a verdict. When the jury reaches a verdict and signs the verdict forms, it notifies the judge that it has reached a decision. The attorneys, if they are not in the courtroom, are called, and everyone returns to the courtroom. The judge asks the foreperson if the jury has reached a verdict. The foreperson responds “yes,” and the verdict forms are read aloud, usually by the court clerk. In most jurisdictions the parties may POLL THE JURY by asking each individual juror if he or she agrees with the verdict. Obviously, in a court trial without an advisory jury, there is no jury deliberation or verdict. The judge simply enters a judgment based on the applicable law and his own view of the facts. Post-trial Motions and Appeal Although a jury trial technically ends when the verdict is read, the attorneys normally file post-trial motions. The losing party often will file a motion for JUDGMENT NOTWITHSTANDING THE VERDICT . This motion asks the judge to set aside the jury’s verdict as manif estly against the weight of the evidence presented at the trial and to enter judgment for the moving party instead. This motion is not applicable to a court trial. Also, the losing party will often move for a new trial, claiming that errors made during the trial by the judge require the case to be retried . Usually the judge will conduct a hearing on post-trial motions. After the judge decides the post-trial motions, she enters judgment in accord ance with the jury verdict and the post-trial motions. Once the judge enters the judgment, the court loses jurisdiction, and the case ends in the trial court. If the losing party still believes that errors in the trial caused an incorrect judgment, it may appeal to an appellate court. The appellate court may agree and order a new trial, in which case the trial process begins anew. FURTHER READINGS Brodsky, Stanley L. 2009. Principles and Practice of Trial Consultation. New York: Guilford Press. Grossman, Steven P., Michele Gilman, and Fredric I. Lederer. 2008. Becoming a Trial Lawyer. Durham, N.C.: Carolina Academic. Haydock, Roger S., and David F. Herr. 2009. Discovery Practice, 5th ed. New York: Aspen. Herr, David F., Roger S. Haydock, and Jeffrey W. Stempel. 2009. Motion Practice. Frederick, Md.: Aspen. Mauet, Thomas A. 1992. Fundamentals of Trial Techniques. Boston: Little, Brown. Singleton, John V. 1988. “Jury Trial: History and Preserva- tion.” Trial Lawyer’s Guide, 32 (fall). CROSS REFERENCES Civil Procedure ; Criminal Procedure; Magna Carta; Right to Counsel TRIANGLE SHIRTWAIST COMPANY FIRE The Triangle Shirtwaist Company fire that took place in New York City on March 25, 1911, remains a landmark event in the history of U.S. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 114 TRIANGLE SHIRTWAIST COMPANY FIRE industrial disasters. The fire that claimed the lives of 146 people, mos t of them immigrant women and girls, caused an outcry against unsafe working conditions in factories and sweatshops located in New York and in other industrial centers throughout the United States and became the genesis for numerous work- place safety regulations on both the state and federal level. The ten-storey Asch building, owned by Max Blanck and Isaac Harris, was located at the corner of Washington Place and Greene Street in New York City. The top three floors of the building housed the Triangle Shirtwaist Factory. The Triangle Company, like its competitors, used subcontractors for the manufacture of women’s clothing. Under this system, workers dealt directly with subcontractors who paid them extremely low wages and required them to work long hours in unsafe conditions. The Triangle Company was the largest manufacturer of shirtwaists in the city, employing approxi- mately 700 people. Whereas the subcontractors, foremen, and a few others were male, the great majority of the workers were female. Most of the Triangle workers, who ranged in age from 15 to 23, were Italian or European Jewish immigrants. Many of them spoke little English. Their average pay was $6 per week, and many worked six days per week in order to earn a little more money. Like many of their fellow immigrants in other factories throughout the city, the Triangle Shirtwaist workers labored from 7 in the morning until 8 at night with one half-hour break for lunch. They spent their time hunched over heavy, dangerous sewing machines that were operated by foot pedals. The rooms in which they worked were dirty, dim, and poorly ventilated. The finished shirtwaists hung on lines above the workers’ heads and bundles of material, trimmings, and scraps of fabric were piled high in the cramped aisles between the machines. Most of the doors were locked on the theory that locked doors prevented the workers from stealing material. In November 1909, these conditions led the local LABOR UNION to call for a strike against the Triangle Shirtwaist Company. Over the next few weeks, the strike spread to the city’s other shirtwaist manufacturers. Although local news- papers referred to the general strike as the “uprising of the ten thousand,” estimates of the actual number of women workers who participated in the walk out range from 20,000 to 30,000. Predictably, government officials, the media, and the public split into two camps with unions, labor organizations, and blue collar workers supporting the strikers while businesses and industrial leaders denounced them. Although the manufacturers tried a number of tactics to break the strike including mass arrests and the use of thugs to beat and threaten the workers, public opinion appeared to reside with labor. In February 1910 the opposing groups reached a settlement that gave the strikers a slight wage increase. Although the strikers thought they had gained a shorter workweek and better working conditions, no changes were made. In particular, union demands for better fire safety were not addressed. Saturday shifts generally ended earlier than weekday shifts. On Saturday, March 25, 1911, workers in other parts of the building had left at around noon. Many of the 500 workers present that day at the Triangle Company had begun to put away their work and to put on their hats and coats in anticipation of the factory’s 4:45 P.M. quitting time. At approximat ely 4:30 P.M. the cry of “Fire!” was heard on the eighth floor. Pandemonium ensued as flames began to leap over the piles of rags that littered the floor. While a few workers attempted to throw buckets of water at the fire, terrified women and girls struggled to make their way to the narrow stairway or the factory’s single fire escape. Others crowded into one of two elevators (one was not in service) as the fire spread to the ninth and tenth floors. Most of the workers on the eighth floor were able to make their way to safety. Workers on the tent h floor where company offices were located received a phone call about the fire and were able to climb to the roof of the fireproof building where they made their way to the adjoining New York University Building and were rescued. Those on the ninth floor were not as lucky. The fire moved so quickly, that the corpses of some were found still seated in front of their sewing machines. As the conflagration built, the workers on that floor found no way to escape. The exit door s, which swung inward, were locked. The one working elevator, after making its way down with the first load of workers, stopped working. The number of workers on the fire escape was so great that it gave way and collapsed, killing a number of girls and women who were on it. Some women tried GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION TRIANGLE SHIRTWAIST COMPANY FIRE 115 to slide down the elevator cables but lost their grip and plunged to their deaths. As horrified onlookers watched, other desperate workers began breaking windows and jumping from the ninth floor to the street. As corpses piled up on the sidewalks outside the building, two fire fighting companies arrived followed by several others but found themselves helpless. Their ladders only extended to the sixth floor and their hoses were too short to be of use. They tried to use safety nets, but girls and women jump ed in groups of three and four breaking the nets and fatally hitting the concrete pavement. In less than 15 minutes a total of 146 women and girls had died from burns, suffocation, or falls from the fire escape, the elevator shafts, or the eighth floor. Although the remains of most of the workers were identified within one week, seven remained unidentified. The gruesome events of the day consumed the city of New York for a number of weeks. Most people were repulsed at the horrific way in which the women had died and the lack of safety precautions that had led to the massive loss of life. However, some defended the right of businesses to operate as they saw fit and to remain free from government safety regulations which they saw as government intervention. Many government officials pronounced them- selves powerless to impose safety regulation. An investigation ensued and the owners of the company were ordered to stand trial on charges of MANSLAUGHTER. The exact cause of the fire was never determined, although many contended it was caused by a spark from one of the sewing machines or a carelessly tossed cigarette. Blanck and Harris were acquitted by a jury charged with deciding whether they knew that the doors were locked at the time of the fire. The families of 23 of the victims filed civil suits against the owners, and in 1914 a judge ordered them to pay $75 to each of the families. Three days after the fire, the Triangle Company inserted a notice in trade papers stating that the company was doing business at 9-11 University Place. Within days, New York City’s Building Inspection Department found that the co m- pany’s new building was not fireproof, and the company had already permitted the exit to the factory’s one fire escape to be blocked. Immediately after the fire, numerous orga- nizations held meetings to look into improving working conditions in factories and other places of work. A committee of 25 citizens, including FRANCES PERKINS and HENRY L. STIMSON—who later became cabinet members in President FRANKLIN D . ROOSEVELT’s admi nistration—was created as a first step in establishing a Bureau of Fire Prevention. A nine-member Factory Investiga t- ing Commission, chaired by state senators Alfred E. Smith (the Democratic presidential candidate in 1928), Robert W. Wagner, and union leader SAMUEL GOMPERS, worked from 1911 to 1914 to investigate fire safety as well as other conditions affecting the health and welfare of factory workers. In 1912 the New York State Assembly enacted legislation that required installation of automatic sprinkler systems in buildings over seven stories high that had more than 200 people employed above the seventh floor. Legislation also provided for fire drills and the installation of fire alarm systems in factory buildings over two stories high that employed 25 persons or more above the ground floor. Additional laws mandated that factory waste should not be permitted on factory floors but instead should be deposited in fireproof recep- tacles. Because of the bodies found in the open elevator shafts of the Asch Building, legislation was enacted that required all elevator shafts to be enclosed. The scope of safety laws was expanded bylegislationthatlimitedthenumberofhours that minors could work and prohibited chil- dren un der the age of 16 from operating dangerous machinery. Many laws passed by the New York Assembly in the wake of the Triangle Shirtwaist Factory fire were the basis of similar workplace safety legislation in numerous states throughout the country. Another byproduct of the fire was an increased support for unions, particularly the International Ladies’ Garment Workers Union (ILGWU). The ILGWU, to which some Trian- gle company emplo yees had belonged, helped form the Joint Relief Committee which col- lected moneys to be distributed to the families of the lost workers. The union gained thousands of new members in industrial centers around the country and helped to lobby for stricter safety regulations, many of which eventually were encoded in federal legislation passed during the administration of Presid ent Roose- velt. These laws, in turn, were the genesis of the U.S. LABOR DEPARTMENT’s Occupat ional Safety GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 116 TRIANGLE SHIRTWAIST COMPANY FIRE and Health Administration (OSHA ). OSHA was established in 1971 by the OCCUPATIONAL SAFETY AND HEALTH ACT to improve workplace safety conditions for the nation’s workers who numbered 111 million in 2003. FURTHER READINGS De Angelis, Gina. 2000. The Triangle Shirtwaist Company Fire of 1911. New York: Chelsea House. The Kheel Center, Catherwood Library, ILR School at Cornell. 1998–2005. The Triangle Factory Fire. Available online at http://www.ilr.cornell.edu/trianglefire; website home page: http://www.ilr.cornell.edu (accessed August 27, 2009). McClymer, John F. 1997. The Triangle Strike and Fire. New York: Wadsworth. Stein, Leon. 2001. The Triangle Fire. Ithaca, NY: ILR Press. Von Drehle, Dave. 2004. Triangle: The Fire That Changed America. New York: Grove. CROSS REFERENCE Workers’ Compensation. TRIBUNAL A general term for a court, or the seat of a judge. In ROMAN LAW, the term applied to an elevated seat occupied by the chief judicial magistrate when he heard causes. v TRIMBLE, ROBERT Robert Trimble served as associate justice of the U.S. Supreme Court from 1826 until his death in 1828. A prominent Kentucky attorney and judge, Trimble was a strong nationalist who supported the views of Chief Justice JOHN MARSHALL . Trimble was born on November 17, 1776, in Augusta County, Virginia. His family moved to central Kentucky when Trimble was a young boy. He was educated at the Kentucky Academy in Woodford County, Kentucky, before reading the law with two prominent attorneys in the area. He was admitted to the Kentucky bar in 1800 and established a lucrative l aw practice in Paris, Kentucky. In 1802 Trimble was elected to the Ken- tucky legislature. In 1807 he was appointed to the Kentucky Court of Appe als. He resigned in 1809 to return to his law practice. In 1813 Trimble was appointed U.S. district attorney and then returned to the bench when President JAMES MADISON named him a U.S. district judge in 1817. In 1820 Trimble also served on a boundary commission that settled a dispute between Kentucky and Tennessee. President JOHN QUINCY ADAMS appointed Trimble to the U.S. Supreme Court in 1826, Robert Trimble. ETCHING BY ALBERT ROSENTHAL. COLLECTION OF THE SUPREME COURT OF THE UNITED STATES Robert Trimble 1776–1828 ▼▼ ▼▼ 17751775 18501850 18251825 18001800 ❖ 1776 Born, Augusta County, Va. 1775–83 American Revolution ◆ 1800 Admitted to Ky. bar 1802 Elected to Ky. legislature ◆ 1801–35 John Marshall served as chief justice of U.S. Supreme Court 1807–08 Sat on the Ky. Court of Appeals 1813–17 Served as U.S. attorney for Kentucky 1817–26 Served as U.S. District Court judge ◆ 1820 Served on the Kentucky-Tennessee boundary commission 1828 Died, Paris, Ky. 1827 Wrote majority opinion in Ogden v. Saunders, to which Chief Justice Marshall issued his only dissent 1846–48 Mexican War 1812–14 War of 1812 1826–28 Served as associate justice of the U.S. Supreme Court ◆ ❖ THE ILLUSTRIOUS FRAMERS OF THE CONSTITUTION COULD NOT BE IGNORANT THAT THERE WERE , OR MIGHT BE , MANY CONTRACTS WITHOUT OBLIGATION , AND MANY OBLIGATIONS WITHOUT CONTRACTS . —ROBERT TRIMBLE GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION TRIMBLE, ROBERT 117 . observe all of the evidence offered GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION TRIAL 109 during the trial. After the evidence is offered, the judge instructs the jury on the law, and the jury. the history of U.S. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 114 TRIANGLE SHIRTWAIST COMPANY FIRE industrial disasters. The fire that claimed the lives of 146 people, mos t of them immigrant women. the administration of Presid ent Roose- velt. These laws, in turn, were the genesis of the U.S. LABOR DEPARTMENT’s Occupat ional Safety GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 116 TRIANGLE