North Dakota Jury Instruction Evidencenc— - Direct and Circumstantial Argument of Counsel In North Dakota, when presenting evidence during a trial, both direct and circumstantial evidence play crucial roles in helping the jury reach a fair and just verdict. The North Dakota Jury Instruction Evidencenc— - Direct and Circumstantial Argument of Counsel provides guidance to attorneys on how to effectively present arguments based on these two types of evidence. Direct evidence refers to evidence that directly proves a fact without the need for any inference or presumption. It includes eyewitness accounts, confessions, or tangible evidence that can be easily linked to the case. When utilizing direct evidence, attorneys need to present clear and concise arguments that highlight its significance and reliability. They should stress the credibility of the witnesses and ensure the jury understands the connection between the evidence and the facts being presented. On the other hand, circumstantial evidence refers to evidence that requires reasoning and inference to establish a conclusion of fact. It does not directly prove the fact in question but instead relies on logical deductions or assumptions. Circumstantial evidence can include things like motive, opportunity, or behavior indicating guilt or innocence. Attorneys must focus on constructing compelling arguments that connect the dots for the jury, helping them understand the logical progression from the presented circumstantial evidence to the conclusion being asserted. Several types of North Dakota Jury Instructions exist specifically tailored to the presentation of evidence, direct and circumstantial, by counsel: 1. NDJI-Criminal 1200: Direct Evidence — Argument of Counsel This instruction provides guidance for attorneys presenting arguments related to direct evidence in criminal trials. It outlines the necessary steps to convince the jury of the credibility and importance of the direct evidence presented. 2. NDJI-Criminal 1201: Circumstantial Evidence — Argument of Counsel This instruction directs attorneys on effectively presenting and arguing circumstantial evidence in criminal trials. It emphasizes the need to help the jury understand the logical inference to be drawn from the presented circumstantial evidence. 3. NDJI-Civil 2400: Direct Evidence — Argument of Counsel Specifically designed for civil trials, this instruction guides attorneys on how to make persuasive arguments regarding direct evidence. It stresses focusing on clear presentations that highlight the relevance and weight of the direct evidence. 4. NDJI-Civil 2401: Circumstantial Evidence — Argument of Counsel For civil trials, this instruction assists attorneys in developing persuasive arguments when dealing with circumstantial evidence. Attorneys are advised to construct logical narratives that lead the jury to the desired conclusions based on the presented circumstantial evidence. By utilizing these various North Dakota Jury Instructions, attorneys can effectively present arguments based on both direct and circumstantial evidence, ensuring they educate and persuade the jury in reaching a well-informed and just verdict.