This form is a Complaint. This action is to recover damages for a violation of the First Amendment of the United States Constitution. The plaintiff is seeking punitive damages and reasonable attorney's fees.
This form is a Complaint. This action is to recover damages for a violation of the First Amendment of the United States Constitution. The plaintiff is seeking punitive damages and reasonable attorney's fees.
Often, the easiest way to present a coherent theme is to state it in a straightforward manner as your introductory sentence: “Ladies and gentlemen, this case is about unfair competition by the defendant.” In other situations, the theme may come out more subtly, as you tell a story that slowly unfolds.
Your opening should focus on story-telling - acquainting the jury with the basic facts of the case and what they're going to hear in court today. Actual arguments (like refusing opposing counsel's case) are more for closing arguments, so make sure your statement doesn't sound too argumentative.
As the trial begins, the lawyer for the plaintiff in a civil case or the prosecutor in a criminal case may make an opening statement telling you what they expect the evidence to show.
In a civil case, a petit jury decides whether the plaintiff establishes with evidence that is more likely than not, known in legal terms as preponderance of the evidence, that the defendant injured the plaintiff in some way that requires appropriate compensation.
Jurors, you have the most important role in this trial, because you are the ones who must decide who and what to believe, and answer each of the questions that I have discussed with you. You must decide this case based only on the evidence presented at the trial. You may not decide this case based on anything else.
Don't lose your temper, try to bully, or refuse to listen to the opinions of other jurors. Don't mark or write on exhibits or otherwise change or injure them.
Tell your story without arguing what the case is about in 1-2 sentences Summarizes your story Be creative: Use adjectives "It was a dark and stormy night" to give jury a picture of what is going on in your case. Defense: 1 to 3 pieces of evidence that they are going to see or hear.
Sample Opening Statement. Your honor, ladies and gentlemen of the jury, today the people are charging Jes Markson with violations of the California penal code 187 and 188. We are charging Jes Markson with willful, deliberate, First-Degree Murder of Taylor Rodriguez.
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than ing to the rules of the common law.