Sequence and Procedure
Who presents Closing Argument in Chief first: plaintiff or defendant?
Plaintiff (pg. 40)
"I believe the defendants are the biggest liars I have ever seen" is an improper example of what?
Arguing personal opinions. (pg.41)
What is the Equation to generate a verdict for your client
(Evidence + Law) = Verdict
In a wrongful death case, is it proper to argue that the loss of love is worth $200 a day, then multiply by the decedent's life expectancy?
Yes, per diem argument is proper.
What must Plaintiff's Rebuttal Argument be confined to?
Only rebutting arguments the defendant actually raised during their Closing Argument in Chief. It is improper to raise new points for the first time in rebuttal. (pg. 40)
Asking jurors "how would you feel if this happened to you?" is what specific type of improper argument?
The Golden Rule Argument (pg. 41)
What will the verdict ultimately be about?
The truth of the case
A witness's trial testimony completely contradicts their deposition. What can counsel properly argue about that witness?
That a witness who is false in one area of testimony shouldn't be trusted in others, credibility argument. (
When must you object to improper closing argument to preserve the issue?
Promptly, the moment the misconduct occurs, otherwise the objection is waived. (Pg. 40)
True or False: it's proper to tell the jury the defendant is 'a billion dollar corporation that can afford this verdict.'
False. Mentioning a party's wealth or poverty improperly appeals to passion or prejudice. (pg. 41)
What should a trial lawyer be?
An evidence machine! Remember, the case is about the clients, not the lawyers.
Under CEC ยง412, how should the jury view evidence if a party offered weaker, less satisfactory proof when stronger evidence was within their power to produce?
With distrust.
Besides objecting, what two things must you do to preserve appellate review of misconduct in closing?
Move to strike AND request that the jury be admonished to disregard the argument. (pg. 40)
What's improper about telling the jury to 'send a message to our community' with their verdict?
It improperly appeals to the jurors' passions/self-interest rather than the evidence. (pg. 41)
what should you do if your opponent fails to fulfill the promises made in their opening statement?
Nail them for it in the closing argument
Why is it improper for counsel to address individual jurors by name during closing argument?
It can be seen as an attempt to curry favor with that juror. (pg. 42)