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Either before or after the closing arguments by the lawyers, the judge will explain the law that applies to the case to you. This is the judge's instruction to the jury. You have to apply that law to the facts, as you have heard them, in arriving at your verdict. About the Trial Process - Jury Service - California Courts ca.gov ? ... ca.gov ? ...
Opening statements include such phrases as, ?Ms. Smith will testify under oath that she saw Mr. Johnson do X,? and ?The evidence will show that Defendant did not do Y.? Although opening statements should be as persuasive as possible, they should not include arguments. They come at the end of the trial.
The purpose of opening statements is to outline to the jury what each side contends the evidence will establish. A general idea of what the case is about is thus presented to the jury. Opening statements are not evidence. Following the opening statements, the attorney for the plaintiff presents evidence.
Opening Statement Checklist State your theme immediately in one sentence. Tell the story of the case without argument. Persuasively order your facts in a sequence that supports your theme. Decide whether to address the bad facts in the opening or not. Do not read your opening statement. ... Bring an outline, if necessary. Five Tips for Engaging Opening Statements americanbar.org ? newsletters ? trial-evidence americanbar.org ? newsletters ? trial-evidence
If you decide to make an objection during opening and closing statements, you must assert the objection immediately after the objectionable statement is made, as waiting until opposing counsel has finished, or after the judge has charged the jury, is generally too late.
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. Sample Opening Statement - UH Law Center uh.edu ? streetlaw ? Sample Opening St... uh.edu ? streetlaw ? Sample Opening St...
In the opening statement, you must clearly present your team's case, explain why your argument is strong, and state what criteria your team will use to support it. At the end, you must wrap up your team's case and re-state why it is the better argument.
Prosecutors and defense attorneys generally have considerable latitude in what they're allowed to say in opening statement. That said, they're not allowed to "argue" (argument is saved for closing), nor are they allow to refer to inadmissible evidence or facts they don't intend to or can't prove. Opening Statements: What the Prosecution and Defense Can and ... nolo.com ? legal-encyclopedia ? opening-st... nolo.com ? legal-encyclopedia ? opening-st...