BUILDING BLOCK # 11

 

                                       CLOSING ARGUMENTS

 

At the end of the course you should be able to perform the following with regards to closing arguments:

 

1.         ORGANIZE the closing argument to:

 

·        Tie into your theory and theme

 

·        If a defendant, directly challenge the plaintiff=s case

 

·        Summarize your evidence in a forceful and persuasive manner

 

·        Resolve the hard issues in the case by using the Ablock approach@

 

·        Have an emotional appeal and/or an appeal to fairness and justice

 

·        Request a verdict at end

 

2.         Use the BLOCK APPROACH that:

 

·        Identifies the hard issues in the case, usually contained in the jury charge, with which the jury will have to grapple in arriving at a decision

 

·        Sets off each issue with a conclusory statement or a rhetorical question

 

·        Marshals all the evidence in your favor with regards to the issue

 

·        Argues why your evidence is persuasive    

 

·        Identifies evidence in opposition

 

·        Argues why opposing evidence is not persuasive

 

·        Concludes with resolution of the issue

 

3.         Make the closing argument PERSUASIVE by:

 

·        Utilizing the doctrines of primacy and recency

 

·        Tying into the case theory and theme

 

·        Avoiding overstatement

 

·        Using powerful language

 

·        As plaintiff, avoiding liability before damages; as a defendant, discussing damages before liability

 

·        Using exhibits and demonstrative aids

 

·        Appealing to both logic and emotion

 

4.         ARGUE in the closing argument, including:

 

·        Jurors knowledge, experience and common sense

 

·        Who can be trusted and believed

 

1)      Witness=s ability and opportunity to observe

 

2)      Witness=s manner and conduct while testifying

 

3)      Witness=s interest, bias and prejudice

 

4)      Relationship between a witness and a party

 

5)      Reasonableness of witness=s testimony, particularly in light of other evidence in the case

 

·        Conflicts in the evidence

 

·        What could have happened

 

·        Analogies, stories, quotations, parables, references to the Bible

 

·        Inferences to be drawn from the evidence

 

·        Logic

 

·        What was proven and not proven

 

·        Failure of a witness to testify

 

·        Burden of proof and whether satisfied

 

·        Jury instructions, applying the law to the facts

 

·        Vivid word pictures

 

·        Sarcasm

 

·        Emotion, sympathy

 

·        Damages

 

5.         Use an interesting and dynamic STYLE by following the style section of the Opening Statements Building Block.

 

6.         AVOID prohibited conduct:

 

·        Stating personal belief in truthfulness/untruthfulness of evidence, witnesses or merits

 

·        Allude to any matter for which there has been no evidence

 

·        Misstating the law

 

·        Addressing jurors by name

 

·        Appealing to passion or prejudice, juror=s personal or social interest, rich versus poor, local versus out of state

 

·        Arguing improper inference from evidence admitted for a limited purpose

 

·        Using the Golden Rule

 

·        Personal attacks on opposing counsel unsupported by the record                 

 

·        References to insurance