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Opening Statements. What should you include in an Opening statement? Why do you need to be careful about what you include?. Section B: Part IV. Opening Statements. Opening Statements. What are they?
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Opening Statements • What should you include in an Opening statement? • Why do you need to be careful about what you include?
Section B: Part IV Opening Statements
Opening Statements • What are they? • Opening Statements are the first scene of the play and the first opportunity for the jurors to get into the play too. • Function • Opening Statements act as a roadmap or outline that helps the juror follow your overall story and the legal significance of your evidence.
Opening Statements • Why are they important? • Opening Statements determine how well the jury listens to your entire case, their attitude about your client and their willingness to decide in your favor. • Exit trial research concluded that 80% of jurors decide the case in favor of the same party for whom they decided upon after the opening statement.
Opening Statements • How do we start? • The plaintiff begins and must do everything possible to take advantage, while the defendant must understand the plaintiff’s advantage and try to diminish it. • The opening statement should be a positive factual persuasion. • “Positive” means that the opening statement should be a presentation of the party’s position, not a quarrel with the opponent’s position.
Putting Forth a Theme • Theme • A succinct assertion that captures the fairness and justice of a legal claim. • It conveys the message that beneath all the testimonial complexity is a simple truth that merits a favorable verdict. • Generally it is your opportunity before final summation to convey the justness of your case in a sentence or two.
Putting Forth a Theme • Developing the Theme • To develop a theme, try to reduce a client’s story and all of the information into one to three sentences that will cause a jury to vote in favor of your position. • How does it apply? • Focusing on the theme helps you to eliminate the excess and recognize the relevant. • It is the singular reason why your side should win.
Summarize Your Story • Overview Techniques • “Witness-by-witness” • Evidence according to argument • Why you should win. • “Story” option (chronology) • Pitfalls • Argumentative • Excessive Detail • Promises you can’t keep (The evidence will show)
Summarize Your Story • Questions you need to answer • Should you volunteer weaknesses? • Can you include visual aides? • What is your bottom line? • Can you keep eye contact with the judge instead of reading your statement?