While these two parts of a case — opening argument and closing argument — may seem similar and certainly require the same basic skills, they are sufficiently different in purpose to require specific and focused preparation. 3. A brief explanation of the evidence presented. For the prosecution, this may include actual physical evidence such as a diagram or letter. These should be referenced and used during the prosecutor`s opening arguments. In addition, the prosecution and the defense must ensure that they highlight particularly important facts on their page when opening. If the defense plans to have a witness testify who provides an alibi to the accused, this should be addressed in the opening. Questioning witnesses about events and creating a story may provide the necessary elements to prove guilt or innocence, but it does not provide an opportunity to present legal grounds. Important parts of a case, such as the burden of proof, the elements of the crime and the requirements for establishing guilt or innocence, can only be addressed during opening or closing arguments. Just like at the opening, there are common mistakes to avoid when executing the final argument.
One of the most common mistakes is to misquote the opposing lawyer`s argument. It can be a powerful tool to use a person`s exact words against them in the dispute, but any effect is lost if it is misquoted. The same applies to the incorrect summoning of witnesses. At best, the judge will see it as a fleeting error. In the worst case, it can even be seen as a malicious attempt to deceive the court. Hopefully, with these tips, you`ll be well on your way to creating an opening or closing argument that will lead your mock trial team to victory. As mentioned earlier, almost all parts of the mock trial competition require a basic skill set, including opening and closing statements. Mastering certain skills related to confidence in public speaking, clear legal thinking and analysis, and rapid critical thinking will help you develop sophisticated, professional behavior while taking your argument to the next level. One of the most common occurs when one side indicates what evidence the other side will show. While both teams have a fairly good idea of what the other will be trying to prove and what evidence or witnesses they will use because of the structure of the mock trial, this knowledge should not be used in opening statements.
Just as a real lawyer does not know exactly what opposition witnesses will testify, so will sham trials. In summary, the four elements of a successful opening statement are an overview of the main facts of the case, a description of what the prosecution/defense intends to argue, a description of the evidence to be presented, and a description of each witness` testimony. By incorporating these four elements into a preliminary argument, a lawyer will ensure that he or she covers all the foundations necessary for a solid foundation and fills in the knowledge gaps that the judge may have, allowing him or her to focus entirely on the direct hearing of witnesses that follows. If you are the attorney or plaintiff, you must set aside time for rebuttal before you begin your closing argument. Check your mock trial rules. The last plea is the lawyer`s last plea before the start of the deliberations. The lawyer repeats the important arguments, summarizes what the evidence showed and what didn`t, and asks the jury to review the evidence and apply the law in his client`s favor. Another prerequisite for a sophisticated and successful opening or closing argument is a thorough understanding of the legal concepts and laws that underpin a case. This understanding is crucial for the lawyer presenting these arguments, because often, in one case, opening or closing arguments are the only times when the legal theory can be presented directly and openly. For example, if the prosecution has to prove the “malevolence” of the accused, but the defense calls a character witness to testify to the good nature of the accused, this should be mentioned in the opening statement. One thing the defense should avoid is the appearance of arguing their case with the opening statement.
The opening statement is not the place to draw legal conclusions, as no evidence has yet been presented. The opening statement is the perfect place to present the one-page theory about the case and all the important facts that will be revealed during the process. There are also four important elements in a good final argument. These elements are similar to those listed in the opening statement, but differ in two essential respects. Strong public speaking is perhaps the most fundamental characteristic of a successful litigant and is especially important for opening and closing arguments. Public speaking skills involve much more than knowing and carefully presenting one`s own argument. One of the subtleties of a good speech is to consider its own inflection, tone, tempo, emotion and volume during an argument. Since the prosecution team first presents its opening speech and because it has the burden of proof (the requirement to prove the guilt of the accused), its openness will involve much more storytelling. Often, an opening statement from the prosecutor`s office can be completely structured around the plot of the case. Such an intensive account is not necessary for the defence, as it only has to raise a reasonable doubt about the allegations made. As a result, a defence opening will often include a very limited history that specifically targets the prosecution weaknesses of the case. Another extremely common mistake is to refer to evidence that has actually been excluded by opposition.
For example, if a lawyer intended to include particular testimony in the case, but that testimony was excluded because of an objection, it will be removed from the record and cannot be used as evidence. If a lawyer cites something that has been excluded, it is possible that the opposing lawyer will call them during the rebuttal or raise the issue before the review is submitted. Therefore, the best way to avoid this error is to carefully follow the evidence that comes in and what remains, and know the conclusion well enough to be able to modify it if necessary and avoid excluded evidence. The second common mistake to avoid is to draw legal conclusions. While it is acceptable to say what their side intends to do, a lawyer should not present his opening statement as a conclusive legal argument. Phrases like “the evidence will show” are always good ways to make a point while respecting that limit. 2. A description of what the prosecution or defence wants to prove or show. For the prosecution, it should be a list of charges and the corresponding list of the steps the defendant must have taken to be convicted.
This statement should be accompanied by a brief description of what exactly the defendant did. For the defense, the focus must be on the weakest legal elements that the prosecution must prove. Simulated processes will never favor one side over the other, so there will always be the possibility of drilling holes in the argument on the other side. 1. A factual and sequential overview of the most important facts of the case that is important to the presenting lawyer`s part. The scope of the narrative depends on many factors, including whether the argument is in favor of the prosecution or the defense team. The lawyer who makes the final plea is judged both on the content of the degree and on its performance (ability to speak publicly). There are some very common mistakes that should be avoided at all costs in opening statements. .