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While there is a natural inclination to begin your opening statement by introducing yourself, your co-counsel, and your client, it really is not important enough to warrant the use of your opening moment.Thus, once you give the fact-finder a short introduction of your theory and theme, you may pause and state, for example, “Good morning.My name is Georgia Brousseau and, along with my co-counsel, Richard Kluck, I represent the people of the State of Arizona.”. Some examples: “This is a case about taking chances.” “Mary Jones had a dream and a plan.” “Revenge. A Sample Opening Statement. The defendant,Jo Sales, is found not guilty. If we tried to do that, we would be here for an awfully long time. First comes the opening argument, which offers an initial impression to the judge (who will rule the outcome of the case) and scoring attorneys (who actually determine which team wins the round) and must provide a clear, concise and legally solid introduction to the case the presenting attorney’s side intends to prove. get a conviction. To reduce this confusion, the courts developed the concept of the opening statement.The opening statement gives the parties the opportunity to present an overview of the case at the beginning of the trial so as to better equip the fact-finder to make sense of the evidence as it is presented.This chance to give an overview of the expected testimony, however, is not an invitation to argue about it. This story is far more cohesive than the witness-based account.It brings all of the vehicles together at the fateful intersection without the necessity of the jurors having to keep a running account of their whereabouts and it connects the fire engine’s use of lights and siren directly to the cause of the accident. Lawyers should have a one-sentence theme for their cases. Remember to listen to your teammates as to what important fact they feel need to be included. Mock Trial University: Opening Statement | How to Deliver an Opening Statement - YouTube. Every good opening statement, no matter what the case, contains enough information to help you win the trial but not so much as to distract the fact-finder or risk exploitation by the other side.So, how do you know what to include?Although the content of openings will vary depending on the type of case, the following considerations are helpful in most trials. Witnesses and Alternates (P1 and D2) Goals 1. First, if you have had weeks or even months to prepare for your mock trial, you should memorize your opening statement.When you have had less time, we recommend that you write out your opening statement and then divide it into sections.At trial, you can use an outline that lists the sections or headings.By triggering your memory section by section, you can avoid reading your opening statement.Reading is your enemy during openings since it introduces you to the fact-finder as stilted, labored, or unprepared.It also prevents you from making eye contact, picking up on the fact-finder’s reactions, moving about the courtroom and quickly responding to objections and rulings by the court.If you represent the defense, reading your opening further prevents you from replying to challenges, weaknesses, and omissions in the plaintiff’s opening statement. In considering what to include in your opening paragraph, choose the information that you hope will remain in the mind of the fact-finder when the trial is over.Ask yourself: What facts most support a verdict in my favor?What issues will be most hotly contested?Which witness will be most relied upon? Shopping. Emotionally based themes often serve as anchors, creating impressions for the jury that linger until the time the verdict is decided. In this excerpt, there are two points that I’m trying to establish: 1) that the police did not have probable cause to enter Janet Smith’s apartment, and 2) that Smith’s consent was not voluntary. The best way, then, to organize the story you tell during your opening statement is to break the action into “chunks” which are told chronologically.Between each chunk, insert information that helps the fact-finder understand the chronological narrative.For instance, consider the question of the siren in our fire truck case.The plaintiff says there was a siren, and the defendant says there was not.Thus, plaintiff’s counsel might tell the overall story chronologically, weaving in a non-chronological “siren chunk” when it becomes relevant: Used in this manner, the information about Lieutenant Johnson corroborates and strengthens the plaintiff’s theory of the case.It neither stands alone as an isolated description of the witness, nor does it interfere with the flow of the narrative.Rather, it adds support to the plaintiff’s theory at the precise moment when support is likely to be most readily understood. %PDF-1.5 A good opening statement should explain what the attorney plans to prove, how it will be proven; mention the burden of proof and applicable law; and present the events (facts) of the case in an orderly, easy to understand manner.” Mock Trial Material from State of Oregon v. Dulsa (2017-18 Season) You're signed out. stream 1 0 obj Most judges recognize that “argument” is a relative concept and allows lawyers a reasonable amount of latitude.As with many other rules we have discussed, application of this rule will vary by competition and by presiding judge. OPENING STATEMENTS 2007 Street Law Mock Trial WHY is the opening statement so important? The opening statement is your opportunity to begin to capture the fact-finder’s imagination.Do not get them started imagining the things that might be wrong with your case.Accentuate the positive.To the extent possible, the defense raised by the other side should be treated as technicalities or annoyances. case that helps get a conviction. Given at the beginning of a trial, an opening statement is an opportunity for lawyers on both sides to give the jury a brief overview of the case, and outline the key evidence that you will present. Participate in preparations for conducting a mock trial; Despite the drawbacks mentioned above, the judicious use of chronology is an essential part of every opening statement.Chronological development should always be used to explain independent events. You need to be prepared to list all the evidence that helps you in your opening] For example: Ladies and gentlemen of the jury, the state has claimed that they have an eyewitness who Be aware that there are drawbacks to using strict chronology in telling your story.It can encourage the use of excessive detail.For instance, the fact that the plaintiff in the fire truck case left her home five minutes before the defendant Is not worth mentioning unless it supports your theory or theme. The rules of evidence used in your mock trial govern what evidence is admitted at trial.Since the admission of a piece of evidence is left to the discretion of the presiding judge, you may not know exactly what facts will come out at trial when you are preparing your opening statement.To complicate matters, opening statements are. In every mock trial packet there are inconsistencies in the case or facts that help the defense. Activity Steps 1. Since it is virtually impossible for counsel to avoid some discussion of the law during any but the simplest opening statement, we recommend that you do so quickly and only to the extent necessary.For instance, at some point in the fire truck opening the plaintiff’s attorney will have to raise the legal concept of “due care,” if only to explain exactly how the defendant was negligent. Handout 6A: Trial Preparation Note: Refer to Mock Trial Lesson 2, Handout 2A: Steps in a Trial to help you prepare for the trial. This might be a good time to introduce trial/legal vocabulary (such as defendant, prosecutor, judge, bailiff, To.learn the facts in your witness statement 2. When mock trial students have difficulty writing an opening statement it is usually because they're not sure where to start. “We shape our buildings and afterwards our buildings shape us.” Winston Churchill Objectives: The student will 1. All events in the real world, after all, occur in chronological order.Moreover, we are all used to thinking of life in chronological terms.It is for this very reason, in fact, that opening statements have become part of the trial: to allow lawyers to take individual witness accounts and meld them into a single chronological narrative.Consider the following: Now that you have given the fact-finder your full story, you may want to briefly introduce the legal issues of the case.A statement of legal issues will put the significance of the facts into clear perspective.If you represent the plaintiff/prosecution, mention your burden briefly and state that you will prove that the defendant is liable/guilty: Your opening statement should almost always conclude with a request for, or explanation of, the verdict that you will seek at the end of the trial.This request should be made in general terms: “At the end of the case we will ask you to return a verdict that the defendant was nt guilty of negligence.”, West Michigan - Grand Rapids and Kalamazoo. They provide an opportunity for students to develop advocacy and inquiry skills, explore career modelling, work cooperatively, develop critical thinking, build conflict resolution skills and develop relationships with justice sector professionals. Discuss with the class what they know about trials and how they work. But, ladies and gentlemen, he didn’t kill him. In the final analysis, the most successful opening statements are those that explain exactly how you intend to win your case. Defense lawyers can plan and outline opening statements just like their opposing counsel.But, when the time comes to present their opening, good defense attorneys are flexible in determining the final content.It is a tremendous advantage to deliver the second opening statement, and defense counsel can only take advantage of this opportunity by being ready to respond to at least some aspects of the plaintiff’s opening. o Students will learn and be able to apply a variety of questioning techniques. Check your Mock Trial rules. The opening statement is where you win the trial. THEORY THEME On what should themes be based? Do not apologize when it comes time to discuss the opposition’s case; your tone should be firm, unapologetic, and straightforward. Closely related to the rule against argument is the general proscription against discussing the law at length during opening statements.The rationale is the same: opening statements are allowed for the purpose of organizing and previewing the evidence for the finder of fact, not for arguing one’s case based on the law. 3 0 obj The opening statement also is your first opportunity to present yourself to the jury, and to Most of these rules are likely based on the same ones that apply in courts in your state.Your witness’s testimony must follow the Rules of Evidence. o Students will learn and be able to apply effective oral communication skills. on the victim’s neck that didn’t heal for over a week. The first one … While argument is prohibited during opening statements, persuasion is not.Indeed, persuasion is unavoidable.Few of the facts outlined in an opening statement will be neutral; most facts will be favorable to one side or the other.So long as counsel refrains from suggesting conclusions to be drawn from the facts, she is free to arrange them in an order that maximizes their favorable impact.Persuasive ordering of the facts actually assists the fact-finder in understanding the case since it will then be easy to see just how the parties’ stories diverge. As we noted above, argument is improper during opening statements. Grand Rapids Campus | 111 Commerce Avenue SW, Grand Rapids, MI 49503 | (616) 301-6800 Remember when you do this, however, that it is never acceptable to advocate that the fact-finder follow a particular interpretation or construction of the law. <> Truthfully, it doesn't matter whether you practice criminal law, civil law, family law, or whether you are preparing for a mock trial Opening Statement. This guide is designed to assist teachers, attorneys and students in their preparation for Mock Trial Tournaments. Imagine that plaintiff’s counsel in the fire truck case opted for the witness-by-witness approach in her opening statement: The drawback of this method should be readily apparent; it quickly becomes boring and hard to follow. If playback doesn't begin shortly, try restarting your device. It forecasts to the jury the evidence they will see and hear during the trial. �g�Dt0���>W�Pԝ�h�Le2Q���z� �B�\����+���V�q���J9�ua���. Transactions and agreements are brought to life by interpreting, in simple terms, what happened or was agreed upon and then filling in the necessary details.There is no need, for example, to recount every telephone conversation that went into the negotiation of a purchase order.It will usually be sufficient to delineate the terms of the order itself, supported by an account of one or two crucial conversations. In other words, it lets the jury know what to expect and allows them to understand the evidence when it is presented to them. Looking at a mock trial opening statement example can help you know how to start off, and maybe end but everything that goes in the middle is up to you. endobj It is also important to respond directly to the plaintiff’s version of significant controverted evidence.Simply telling your own independent story is not sufficient since that will not allow you to explain why the facts in support of your version are superior.It is also risky to expect the trier of fact to keep the plaintiff’s opening in mind and then to appreciate the implications of the contrary facts as you reveal them.Instead, you should make it apparent that you are contradicting the plaintiff’s factual claims. As you go through each of the following steps, make sure everything you write ties back to one of the three main objectives of an opening statement: #1 – Grabbing the jurors’ attention. Your mock trial case packet should include Rules of Evidence. Your mock trial defense opening statement might go a little like this: Good morning ladies and gentlemen of the jury, my name is so-and-so and it is my privilege to represent (name of client) in this case before you today. Write the closing argument. To illustrate to the application of our test, consider the following portions of opening statements that are based on a personal injury case: The first examplepasses our test since the bartender will testify to the facts contained un the first three sentences and the police will verify the remainder of the information.The second example is more problematic.To begin, the drunkenness of the plaintiff is an inference lased on the lawyer’s conclusion “no person could drink four shots of Everclear” without feeling it.Calling the plaintiff “an alcoholic or a liar” is pure argument, since it characterizes the plaintiff’s behavior.Thus, the second example fails our test and is therefore improper. 4 0 obj First, state your denial right up front.The civil plaintiff’s opening statement, and even more so the criminal prosecutor’s, is essentially am accusation.Its entire thrust is to tell a story that accuses the defendant of negligence, breach of contract, criminal acts, or some other negative conduct.After hearing such an extended charge against the defendant, the trier of fact’s first inclination will be to ask the question, “Well, is it true?”The defendant, then, must respond with a denial.Anything short of a denial is likely to be regarded as evasion, equivocation, or worse, an admission of fault. Mock Trial University: Opening Statement | How to Deliver an Opening Statement. If you represent the prosecution in a criminal case, it is a good idea to introduce the victim of the crime after the traditional introduction.You might continue as follows: Introducing the victim at the outset of your case humanizes her so that the judge and jury will remember. 2. At the conclusion of the case we will ask for a verdict of not guilty. INTRODUCTION: Good morning ladies and gentlemen of the jury, my name is so-and-so, and I together with my colleagues, represent the defendant Mr. so-and-so. How you write your opening statement depends on which side of the case you are writing it for. [Point to them and mention them by name to personalize them]. By watching examples like this, you can begin to incorporate these tips and tricks into your own opening statement. An opening statement can be made more attractive when it tells a story that people. Chronology can also interfere with the logical exposition of your theory or theme.For instance, in the fire truck case the plaintiff’s theme is that the defendant was too rushed to be careful.The conclusion is supported by the fact that the defendant woke up late that morning as well as the fact that he called his office regarding his meeting immediately after the collision.When inserted into the story chronologically, however, these facts stand a good chance of being lost to the fact-finder since they are separated by nearly an hour worth of events.Putting these facts together would maximize their impact. Think of your opening as a promise to the fact-finder.By making a definitive statement about the future evidence, you have committed yourself to producing that evidence.If you do not deliver, at best you may seem to have overstated your case and at worst you may seem to have deliberately misled the fact-finder.Even if the trier of fact does not realize that there has been a gap between your opening and your proof, you can be certain that opposing counsel will point it out during final argument. You need to be prepared to list all the evidence that helps you in your opening] For example: Ladies and gentlemen of the jury, the state has claimed that they have an eyewitness who identified my client as the burglar. So long as you avoid lapsing into argumentative form you may develop your theory of the case.While you may not urge the trier of fact to reach certain conclusions, you may arrange your discussion of the facts so that the conclusions are inevitable.Many tools are available to accomplish this goal.In brief, a well-developed opening statement will take advantage of some or all of the following concepts: A fact-finder’s reflexive resort to common sense can also be used to lead them to a desired conclusion.Consider an opening statement that begins this way: “The defendant woke up late, he had an important meeting to go to, the meeting was to be held far from his home, he skipped breakfast and went directly to his car, the defendant drove to the meeting.”Without saying more, common sense suggests that the defendant was in a hurry when he was driving. Each campus of the Mock Trial Board has their own community events that they participate in. It is one thing to mention a fact, but it is better to describe it with sufficient detail and clarity that you engage the finder of fact in your own mental portrait. Learn the facts of your case. The legal function of an opening statement is to assist the trier of fact in understanding the evidence to be presented at trial.While we hope the evidence will be self-explanatory, even in the best-organized trials evidence is often developed in a disjointed manner. If you seem overly concerned or worried about a defense, it will suggest that there are indeed problems with your case. The persuasive ordering of facts can be accomplished either through incremental development or through contrast.Incremental development involves the successive ordering of a series of discrete facts, each building upon the last, until the desired conclusion becomes obvious.Although the facts will be related, they need not be presented in chronological order.The following example demonstrates how the plaintiff might use incremental development in our fire truck case: Note that the example begins when the defendant woke up, skips ahead to the information about the scheduled meeting, and then goes back to describe the rest of the defendant’s morning routine.Other facts, of course, could be added to show how seriously late the defendant was, and therefore how likely he was to drive carelessly or too fast.The point is that the individual events build upon each other to explain, without saying so, why the defendant would have been driving negligently. Most judges will allow you to move freely about the courtroom during opening statements.Even so, you might encounter a judge who prefers that you argue your case from the podium or behind counsel table.If you are unsure about which policy the judge follows, ask her before the trial begins. 7. You have heard the prosecutor explain what she hopes will be proven, but the prosecutor did not tell you all the facts. This mock trial can be done with a small number of participants or up to a class of 30 or more. x��Z[o��~�����\�yp�qO��*#���X˔A�q�_��$Z��A�X��23;��̷�0��OR�B�Wo�H�R�QF���(("1��&k���on&�wӳx�$z�+���k[�jzMė��L�i2��y-�i���%����i:�a=]O���/o�\�(�N�8�0�p{��M�c���W���;�r5-'�V��[��;1o�j;�\A����O�"!e&���yP�I(��P��P��,�Ga�2���gg��P~H����ү2|O#i.F��g�dz3���!��L�vE��a�t��p!q�7=�CIb���D/�{��ɟ��n�Rv�k&z ^���>�$�2+y�N+JOm� �n.g�#/y9-�3���Gm�s�-Jd��!��d��HJ��r9Ma�?��(�3���GG�[׀#��@{�3N?X �]-~�ղ}�����М�q����Ne8Q�1 Mock Trial Explanatory Guide . to admissible evidence.The best method, then, is to use only those facts for which you have a reasonable theory of admissibility. Every trial can be understood as a series of sub-events which fit together to comprise the entire story.The discussion of these sub-events is always open to arrangement by counsel.The sub-events themselves, however, have their own internal logic, which generally can be understood only when explained chronologically. Every fact that you include in your opening statement must be provable at trial.The law limits opening statements to a preview of the evidence that will be presented once the trial begins.Evidence that no witness can verify or that is inadmissible under the rules of competition is not provable. First, if you have had weeks or even months to prepare for your mock trial, you should memorize your opening statement.When you have had less time, we recommend that you write out your opening statement and then divide it into sections.At trial, you can use an outline that lists the sections or headings.By triggering your memory section by section, you can avoid reading your opening statement… Search this site. Lesson 4 ! Lansing Campus | 300 S. Capitol Avenue, Lansing MI 48901 | (517) 371-5140 Community Service is an aspect that MTB continues to encourage their members to participate in. First, give primary attention to the strongest aspects of your own case. endobj One of the previous themes for the plaintiff in the fire truck case is tat the defendant was “too busy to be careful.”This theme can be used at the beginning of the opening as a reference point for the information about the defendant’s course of conduct on the morning of the accident: Although there is a sense in which “too busy to be careful” is a conclusion, it is used here solely as an introduction to the facts that follow.Busyness and carefulness are ordinary incidents of life that are easily recognized without questionable inferences/Therefore, the theme “too busy to be careful” can almost certainly be invoked at the outset of the plaintiff’s opening statement. Persuasive Writing in one of the areas we all work towards in grades 3, 4, and 5. It is not sufficient to list the facts.A story is most persuasive when it explains why events occurred as they did, since a compelling reason for an action will tend to rule out alternatives.For example, you may state that the defendant in a collision case was driving slowly and carefully just before the accident.Even so, your explanation will be more persuasive if it is supported by the fact that the defendant was returning from an antique auction, carrying an expensive and fragile chandelier in the back seat of her car.The defendant’s reason for driving slowly not only supports her version of events, but makes less likely a claim by the plaintiff that she careened around a corner at high speed. To help you through the uncertainty involved in determining whether a statement is an argument, ask yourself the following questions: If the answer to any of these questions is or possibly could be “yes” you are probably arguing. A great deal of thought is required to plan an effective opening statement.In addition to following the rules outlined above, use these guidelines when determining the content and organization of your opening statement. The three general purposes of opening statements are to grab the fact-finder’s attention, to assist the fact-finder in understanding the anticipated events of the trial, and to advocate for your client’s position. Motion in Limine. Below are the links to the mock trial resources I wrote for the students that I have coached for 25 years. And you can avoid and -- more importantly -- … THE THEME: It is your first opportunity to present the case to the jury, and to shape the jury’s perspective of the entire trial. Recall that a trial theory is the adaptation of a factual story to the legal issues of the case.Your theory must contain a simple, logical, provable account of facts which, when viewed in light of the controlling law, will lead to the conclusion that your client should win.In short, you will want to use the opening statement to explain to the trier of fact why the verdict should be in your favor. Suggested roles up to 30 participants are included here. You can have the greatest close in the world, but if you haven’t won the case by the time that you get to the close, it’s too late. [Note: This is an excerpt from a larger cross that occurred during a motion to suppress evidence. An Introduction: Attorney identifies themselves (or not) Some attorneys begin with something like:“Your Honor, members of the jury, my name is (full name), representing the prosecution/defendant in this case.”. If you represent a specific person, now is the time to introduce him to the fact-finder as well.This is your chance to humanize your client, to give the fact-finder a chance to come to like him.Don’t point to him and announce that he is a great guy.Stand next to him, place your hand on his shoulder and introduce him like you would your own grandfather.Explain his many fine qualities.Remember that likable people are more apt to be perceived as credible.Although there is no formula for how much information you give during your introduction, it is generally a good idea to share your client’s age, marital status, educational background, occupation, and anything else relevant to your case. The message here is that you should use nouns and verbs in your opening statement and limit your use of modifiers, which are frequently judgments rather than descriptions (and as such are argumentative).Words like heinous, brutal, and awful may convey the lawyer’s opinion about the nature of the crime, but they do not depict a vision of the event itself. Contrast is the juxtaposition of contradictory facts, most often used in an opening statement to demonstrate the implausibility of some aspect of the opposing case.The defendant in the fire engine case might use contrast this way: Without resort to argument, the simple contrast between the medical bills and the camping trip casts doubt on the plaintiff’s allegation of permanent injury. The Law School has campuses across Michigan in Lansing, Auburn Hills, Grand Rapids and in Tampa Bay, Fla. Sign in|Recent Site Activity|Report Abuse|Print Page|Powered By Google Sites. Likewise, although an excellent persuasive device when used elsewhere in a trial, repetition an lead an opening statement into the forbidden territory of argument.Even the most innocent of facts can become provocative when repeated as many as three times, each with greater emphasis. Our opening statement examples: Plaintiff's Opening in Medical Malpractice Wrongful Death. The Law School, as an independent institution, is solely responsible for its academic program. It is helpful to understand a bit about the purpose of an opening. After Opening Statements, you will then hear the state’s WITNESSES and after that, either or both defendants may call any witnesses they choose. Introduction. An opening statement is basically an introduction to the nature and facts of a case. Mock trial opening statements sometimes tell a story without giving an idea of who the characters are, or explaining their emotions and motivations. Thus, introducing a theme in opening is particularly effective as a persuasive matter since it can focus the fact-finder’s attention on a cognitive image that you will return to throughout the trial. In the fire truck case, the plaintiff might want to open something like this: The opening on the preceding page is direct and to the point.It states plaintiff’s theory and theme right at the outset and launches immediately into the facts that support her case.The three central points that the plaintiff will make are all mentioned: (1) The fire truck was clearly visible, (2) all of the other traffic stopped, and (3) the defendant was preoccupied and caused the accident. Introduction The opening statement is one of the most important components of any trial. %���� The order of the facts may be as important as the nature of the facts. In addition, the use of rhetorical questions is inherently argumentative.For example, a suggestion of disbelief as in, “What could he possibly have been thinking of?” or a suggestion of incontrovertible certainty, “What other answer could there be?”Questions like these strongly signal argument when used in an opening statement. SUGGESTIONS FOR HOW TO PREPARE FOR THE MOCK TRIAL 1. Any witness called by any party may be cross-examined by any 2 0 obj <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S>> In other words, your opening statement is not dependent on many variables so you should always write an opening statement script before your trial or mock trial.

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