How to write a closing statement for mock trial defense
It is undisputed that other drivers slowed down or pulled over for the fire truck. Apply the law Closing argument provides the attorney an occasion to apply the law to the facts of the case. Then, as defense counsel argues, note his arguments under the appropriate heading, making additional notations as to how you will respond.
Doing so can make for powerful arguments since the opposing party would not offer self-damaging testimony unless it was unavoidably true. Understanding the Legal Concepts Behind a Case Another prerequisite to having a polished and successful opening or closing argument is a thorough understanding of the legal concepts and statutes underlying a case.
Written closing argument example mock trial
Public Speaking Strong public speaking ability is perhaps the most fundamental trait to a successful mock trial attorney and is especially important for the opening and closing arguments. Argue witness credibility and motive Counsel may also use the closing argument to comment on, and compare, the motive and credibility of witnesses. Drug deals take place in a shadowy world that is populated by petty criminals and addicts. How to Write Opening Statements and Closing Arguments in Mock Trial When mock trial students have difficulty writing an opening statement it is usually because they're not sure where to start. Anything can be exploited as an admission so long as it was produced by the other side. Mock trial cases will never favor one side over the other, so there will always be the opportunity to poke holes in the argument of the other side. At a minimum this means that the credibility of your own witnesses should be developed in the course of establishing an affirmative case. Mistakes to Avoid in an Opening Argument There are certain very common mistakes which should be avoided at all costs during opening statements. Why is one case stronger than the other? He should have recognized the possibility that it was answering a call, whether he heard the siren or not.
Often, a prosecution opening statement can be structured entirely around the storyline of the case. These questions, and others like them, all risk losing control of the witness.
No wonder it was more important to him than safe, careful driving. This allows for a streamlined introduction to the facts, as well as the structure of the case, and minimizes confusion created by varying orders.
Why is one case stronger than the other? The plaintiff heard the siren and stopped her car.
Mock trial opening statement example
It was so important to him that the first thing he did after the accident was to call his office. The second common mistake to avoid is drawing legal conclusions. She put all of her gear into a backpack and stayed in a tent, sleeping on the ground for four nights. What could have been done better? Thus, one of the virtues of memorization is that an attorney automatically speaks more slowly and clearly. It also requires a review and summarization of the evidence presented during the case and a legal argument regarding the evidence and what it proves or disproves. If the defense plans to have a witness testify who will provide an alibi for the defendant, this should be brought up in the opening. Make inferences and conclusions In closing arguments, the attorneys are free to draw and urge inferences and conclusions based upon the evidence. Was this the result of a biased investigation? But that only proves how brave and determined she is — it does not prove that she was not injured. Keep in mind that it is best not to write out an opening or closing and simply read it to the jury.
Is this the action of someone in constant pain? One of the most often encountered occurs when one side states what evidence the opposing side will show.
Without their sirens they are just part of traffic.
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