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CLOSING ARGUMENT

CLOSING ARGUMENT. LSU LAW TRIAL ADVOCACY BOARD 2010 WORKSHOP Jason St. Julien Slides Primarily Composed by Bridget Hillebrand. What is a closing argument?. Explanation of the case Be argumentative! Connects the evidence and testimony to the theory of the case Reiterates the theme

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CLOSING ARGUMENT

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  1. CLOSING ARGUMENT LSU LAW TRIAL ADVOCACY BOARD 2010 WORKSHOP Jason St. Julien Slides Primarily Composed by Bridget Hillebrand

  2. What is a closing argument? • Explanation of the case • Be argumentative! • Connects the evidence and testimony to the theory of the case • Reiterates the theme • Dismisses opponents arguments • Addresses the applicable burden of proof • Final plea to the fact finder

  3. LETS TALK reality • Primacy & Recency Effect • What is the jury thinking at this point? • Give the jury one and only one choice. • Be authentic. Be real.

  4. PERSUASIVE CONVERSATION • EMPOWER THE JURY • Permit them to argue for your point • Make them strong enough to judge or punish • Focus your argument on what YOU have shown • Making them believe that your point is their idea

  5. Fail-proof structure for any argument • TELL THEM WHAT YOU’RE GOING TO TELL THEM • TELL THEM • TELL THEM WHAT YOU TOLD THEM

  6. Movement & style • Speak in a powerful and confident manner • Escape from the podium • Chose language carefully • Make eye contact • Be sincere

  7. THE DESIGNSTEP 1: an Interesting introduction • Start Strong • Reemphasize YOUR story • What idea is at the core of your case? • What is your theme? • Tell them what you are going to tell them.

  8. STEP 2:WHAT HAPPENED AND WHY • STATE WHAT THE LAW IS! • Establish that your theme is grounded in the evidence, law, justice, and ethics • Testimony • Emphasize significant testimony • Exhibits • Clear up data and the meaning of the admitted exhibits • Fragment the Other Side • Question the other side’s use of facts • Show that their side is inconsistent, incoherent, impossible, or improbably • Characterize the other side’s case as unlikely, unjust, or not right with the law

  9. STEP 3: Discussion of law and burden of proof • Jury Instructions • Burden of Proof • Damages

  10. Step 4: An Appropriate Conclusion • Talk at the level of the jurors, handle their sympathy and empathy • Request relief • Leave them with ONE and only ONE choice • Leave them with something…

  11. IMPROPER CLOSING ARGUMENTS • Mentioning unadmitted evidence • Improperly commenting on missing evidence • Misstating or mischaracterizing evidence • Stating personal opinions • Appealing to sympathy or prejudice • Improperly arguing the law or damages • Improperly arguing on rebuttal (can only respond to arguments made by the defense) • Violating the “Golden Rule”

  12. DEMONSTRATION LSU LAW TRIAL ADVOCACY BOARD 2010 WORKSHOP Jason St. Julien

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