Opening Statements and Closing Arguments

1. Tell the story better than the other side. Opening Statements and Closing Arguments

2. Opening Statements • This is like the introductory paragraph and thesis statement of an essay • This lays the foundation for the entire story that you plan to tell to the jury • You are selling your story to the jury!! • Practice it • Make eye contact with your audience • Your “team” will be responsible for ONE opening statement • Attorneys and Legal Aide will receive a grade on this

3. Your Opening MUST include the following: • Introduce yourselves to the court and the jury • Tell the jury the story of your case • Do NOT assume they know anything about the case • Tell they jury what the evidence will show • “First, this witness will tell you…” • “Then you will hear…” • You MUST discuss the relevant law • Have some sort of a theme that runs throughout

4. Closing Arguments • This is the last time that you get to speak to the jury, so make the most of it • You MUST take this time to rebut the opposition’s case • You are going to outline your closing BEFORE the trial and then fill it in with stuff (legal term) brought out during the trial • This is an argument not a statement, so put your side’s twist on it and be passionate • Your “team” will be responsible for ONE closing argument • Attorneys and Legal Aide will receive a grade on this

5. You Closing MUST include the following: • Thank you to the judge and jury • Retell the story…returning to the theme you established in the Opening Statement • Go over the strengths of your witnesses and the weaknesses of the opposition’s witnesses • Remind the jury of the relevant laws • Tell the jury what you want and why you want it • How much money (civil trial) • Guilty or not guilty (criminal trial)

6. Rules of Evidence • How do you submit something into evidence? • How do you qualify someone as an expert witness? • We will go over objections later

7. Submit Something into Evidence • It has to be recognized as authentic (real and relevant) by a witness who would know that it is real and relevant. • “Officer Crowley, is this the drawing that you made of the accident scene?” • The witness has to use it during testimony • “Can you please show me on this drawing where the car stopped after the accident?” • You then have to move it into evidence • “Your Honor, I would like to move Defense Exhibit A into evidence.”

8. Qualifying Someone as an Expert Witness • An expert CAN speculate and give their opinion on things in their area of expertise. • An expert witness’s testimony is more credible than that of a layperson.

9. Qualify as an Expert • Prove that the person was trained in their area of expertise (curriculum vitae) • “Where did you go to school?” “Where did you earn your doctorate?” • Proved that they have practiced their training • “How long have you worked in the hospital?” “How long have you been a police officer?” “Have you published any books on this subject?” • Offer the witness as an expert in some field • “Your Honor, I would like to qualify Dr. Smith as an expert in forensic medicine.” • Pay attention!!