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Mastering Opening Statements in Legal Cases: Establishing Your Theory Effectively

Opening statements are crucial in legal cases as they establish the core theory or theme of your side's argument. A compelling opening should present a logical version of events that resonates with jurors’ common sense while meeting legal standards. It should be simple, memorable, and evoke a sense of fairness. Illustrate your point by providing relatable examples, personalize your narrative, and maintain clarity. Utilize a clear outline to engage the jury from the beginning to the end, ensuring they grasp your position and are persuaded by your argument.

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Mastering Opening Statements in Legal Cases: Establishing Your Theory Effectively

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Presentation Transcript

  1. Opening Statements

  2. Establish a Theory/Theme • Your side’s version of “what really happened” • Should be Logical • Fit the legal requirements of the claims or defenses • Be simple to understand • Be consistent with the jurors’ common sense and their perception of how real life works • Memorable word or phrase that summarizes your theory • Incorporate jurors sense of fairness and universal truths

  3. Theme: Examples • Libel/Slander case: • Defense: Bill was caught red-handed, and now he wants someone else to pay for his affair. • Plaintiff: Jill made a jealous jump to conclusions. • Murder/Self Defense case: • Defense 1: With her back up against the wall and her roommate threatening to kill her, Ms. Hughes had run out of options. • Prosecution 1: Pat Hughes took the law into her own hands. • Defense 2: Facing death, Sarah Baker did what all living things are instinctively programmed to do…she defended herself. • Counterfeit case – missing “other suspect”: • Defense: Reggie Jefferson had the perfect cover: A trusting roommate with the same initials. • Negligence: • Defense: It is every driver’s worst nightmare. A small child darts into the road.

  4. What to Do? • Tell a story • Focus on the people, not the problem. • Who are the important players? • Personalize your party • Make the story vivid. • Re-create the incident. • Make it emotional and dramatic • KEEP IT SIMPLE. • KEEP IT SIMPLE. • KEEP IT SIMPLE. • Be Logical and concise. • Walk the jurors through the events in chronological order. • Anticipate the other side’s weaknesses

  5. What NOT to do? • Don’t overstate the evidence • Don’t include your personal opinions • Don’t argue -at least not in an obvious way

  6. “By the Book” Outline • Introduction • Parties – introduce essential people • Scene – paint a picture for the jury • Issue – what is the main issue? • What happened – get the jury to believe your side of the story • Basis of guilt/non-guilt – why your side should win • Anticipating and refuting the other side • Conclusion - Simply and directlytell jury that facts of the case will support his/her side, and ask for a verdict.

  7. Standard Outline • Grabber beginning – quick summary of theme/theory that draws jurors in • Introduction – who are you and who do you represent? (or do this first) • Facts/Witnesses – Tell the story • Paint the scenes and introduce the players as they come up • Short close – return to/restate your theme • Charge the jury – tell them what you’re going to ask them to find

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