Opening Statements
Part of the opening statement tends to be at the beginning of the statement to help guide jury members.
What is a road map?
The person who should do most of the talking during direct examination
Who is the witness?
What is narration?
Ranging from cheerful to miserable to disappointed to angry
What is emotion?
In a jury trial, the final decision of the jury, as read by the judge
What is the verdict?
What is logical progression?
Attorneys will ask the witness a series of basic questions during direct, such as, "What is your job title?" or "How do you know the defendant?"
What is laying the foundation?
During the direct examination, Mary didn't mention the damage done to her car. However, in the cross, the defense asks her how much repairs cost.
What is outside the scope of direct examination?
Give a brief overview of the main points you covered during the trial. Everything from evidence to the case to the law.
What is summarize?
This is the very first step in a trial.
What is the judge takes the bench?
What is a catch phrase?
Witnesses make these mistakes when they deviate from their original story, and it's up to a good attorney to call out this kind of mistake.
What are inconsistencies?
Billy Bob Jr., a plumber, is asked to interpret the ballistics report for the jury.
What is opinion?
Attorneys should address each aspect for the jury to prove they have or that the other side has not met the burden of proof.
What are the elements of a crime?
A witness intentionally lies under oath
What is perjury?
What is the conclusion?
What is impeach?
Mr. Prosecutor grows increasingly frustrated with the witness. Mr. Prosecutor says, "Is it possible for you to answer, like TODAY???"
What is badgering?
Attorneys can attempt this during closing statements to help their theory of the case and repair their credibility.
What is reconcile/damage control?
The person who gives the instructions to the jury before they deliberate.
Who is the judge?
Attorneys should avoid having their opening statements should like this. There are plenty of opportunities for this DURING the trial.
What is argumentative?
What is a close-ended question?
The defense asks, "Ms. Patty, how do you think Mr. Smith felt right before the incident?"
What is speculation?
The cardinal sin of closing arguments is introducing this kind of information.
What is new information?
This violation could happen anytime during a trial, but attorneys could catch it if someone begins talking about something they overheard from someone else
What is hearsay?