 
 Click Here For Part OneIn our last issue, we explained the procedure involved in being called for jury duty. Part Two of that article continues with what you can expect as the trial begins. Initially, the attorneys are permitted to address the jury directly in what is called an "opening statement." A good attorney will outline the important points of the case to the jury and will give them a preview of the evidence to come. Generally, their arguments will support their client's position in the case. Openings are expected to be straightforward and discussions over the pluses and minuses of the evidence are reserved for closing statements at the end of the trial. Once opening statements are concluded, the testimony begins. In New Jersey previously, jurors were not permitted to take notes nor ask questions during the trial. They would sit quietly and attentively listening to the evidence. At times this could be quite "trying" as the technicalities of the Rules of Evidence can often make trials dull and tedious. Each and every detail important to the establishment of the facts of the case must be outlined and testified to by a witness. Today, however, the stringent "no note-taking" rule is slowly being eliminated. Sometimes the lawyers, in what is called a "stipulation", can agree to certain facts surrounding the case. This agreement can save much time and boredom on the part of any jury, who do not now have to sit through certain basic elements surrounding the litigation (It is unusual, however, to have any significant stipulations of fact in a criminal case due to the drastic nature of the issues involved. Criminal defense attorneys are trained to generally "fight them all the way down the line".) During the presentment of evidence, one lawyer may object to what another lawyer is trying to introduce or have a witness testify about during the trial. This often is resolved quickly at what is known as a sidebar. The jury remains in the jury box, but out of hearing while the judge and attorneys address the issues. Questions that cannot be resolved quickly and at "sidebar" are handled after the jury is asked to leave the courtroom. These types of arguments can be both technical and lengthy. The jury, before exiting, is asked not to discuss the evidence they have heard up to that point and to save discussion for the deliberations that occur after all evidence is heard. It is wise to bring a book or a magazine for entertainment during these periods. Newspapers are generally discouraged since they might contain an article about the trial. Once the issues have been resolved, either at sidebar or upon vacation of the jury, the judge gives the now present jury a general instruction as to what they need to know about what happened. This may be as simple as a statement that the objection has been sustained and the attorney has been instructed to move on. Alternatively, a lengthy instruction about the relevance of a particular piece of evidence and an instruction on how the evidence might be used can ensue. A sustained objection is one with which, in effect, the judge agrees. An objection overruled occurs when the judge does not believe the objection is warranted. Often evidence, which can be prejudicial to a party in the case, is admitted for a limited purpose, only, and the jury is instructed to use it for that purpose alone and to disregard it for any other purpose. Lawyers have argued for centuries about how a normal person can divide their brain to use information for one reason and not another. Yet the courts cannot exclude all evidence merely because it may have some prejudicial effect. Too much valuable evidence would be lost for the jury's consideration. The atmosphere of a trial can range anywhere from amiable to down-right vicious. Jurors should not consider a case unimportant because the lawyers are not vocal and argumentative - civility is supposed to be the order of the day even in a trial. Once all evidence has been presented and arguments exhausted, the attorneys are given the opportunity to make their closing statements, or summations to you, the jury...
Restructuring debts may also be an attractive reason for you to refinance. You may wish to consolidate credit card debt, home improvement loans and second mortgages into lower interest charging vehicles.
Furthermore, semi-monthly payment plans can reduce 30 year mortgages to 23.5 years, 25 year mortgages to 20 years, and a 15 year term to approximately 12 years. Call us now to discuss how a refinance may benefit your budget. The experienced attorneys and real estate paralegals at Azrak & Associates, will make your "refi" both quick and cost effective. They will:
2- Assist you with any documentation the bank/mortgage company may desire. 3- Expedite both mortgage processing and title information. 4- Explain precisely what costs are involved "up front". 5- Schedule closings that most accommodate your schedule. AZRAK & ASSOCIATES' staff is readily accessible and at all times pleased to guide you through all phases of a refinance. To start the process now, call one of our experienced attorneys or our Senior Real Estate Paralegal, Patricia DiEduardo at 973-839-9062.
 DRIVE NOW TALK LATER- (Employers Beware!)The fact that an employee is provided with a cellular phone or pager and is "on-call" at the time of an automobile accident may put the employee "on the job," even where the employee is not using a cellular phone when causing the accident. In one such case, a salesman caused an accident while driving home in the evening. The court found that the employee was acting in the scope of his employment primarily because he was required to carry a beeper and to use it to respond to customers needs until 7:30 p.m. For workers' compensation purposes, another court has held that a state employee was acting in the course of his employment when he was in an accident while driving home from work, despite a general rule that while commuting to and from work an employee is not acting in the course of employment. An exception to that rule was found because the employee was on call 24 hours a day and his vehicle was equipped with a cellular phone and a short-wave radio so that he could be contacted while in transit. On-call status with a cellular phone will not necessarily mean that an individual is acting in furtherance of employment, but it will take significant countervailing facts for a court to avoid that conclusion. For example, a police officer was ruled to be acting outside his employment although he caused an accident while driving a police vehicle to respond to a page received by cellular phone. The court cited the overriding personal nature of the officer's actions based on several facts: (1) he was driving the vehicle back from a golf tournament that he had attended on his own time; (2) the accident was in a neighboring town where he had no authority as a police officer, and (3) he was intoxicated and unfit for duty. These cases are especially significant for employers who expect their employees to be working the phones, or to be prepared to do so, virtually around the clock, and for whom driving time is regarded as just another good opportunity to conduct business. The cost of squeezing out this extra productivity may well be greater exposure to tort liability when the employee's concentration on business interferes with safe driving. Possible solutions include simply not reimbursing employees for cellular phone use. Writing clear policies that will encourage employees to "drive now, talk later" will further protect the employer. Attorneys at AZRAK & ASSOCIATES can provide the advice needed before such policies are implemented.
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