{"id":9761,"date":"2023-03-21T02:35:12","date_gmt":"2023-03-21T02:35:12","guid":{"rendered":"https:\/\/www.goodacademic.com\/blog\/questions\/opening-statement-witness-questions-closing-statement-i-have-the-case-details-its-over-template-it-needs-to-be-typed-in\/"},"modified":"2023-03-21T02:35:12","modified_gmt":"2023-03-21T02:35:12","slug":"opening-statement-witness-questions-closing-statement-i-have-the-case-details-its-over-template-it-needs-to-be-typed-in","status":"publish","type":"questions","link":"https:\/\/www.goodacademic.com\/blog\/questions\/opening-statement-witness-questions-closing-statement-i-have-the-case-details-its-over-template-it-needs-to-be-typed-in\/","title":{"rendered":"opening statement, witness questions, closing statement. I have the case details its over & template it needs to be typed in"},"content":{"rendered":"

Please review this information carefully and multiple times. This is a complex assignment. Post any questions you have.<\/p>\n

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You will \u201crepresent\u201d either the plaintiff or the defendant in a mock trial. You will develop your legal strategy, goals and direct examination questions for three witnesses, goals and cross-examination questions for three witnesses, and your opening and closing statements. <\/div>\n
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Several weeks will be set aside to work on this project. Pay attention to my instructions throughout the process.<\/div>\n
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Download these two files:<\/div>\n
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Mock trial packet<\/div>\n
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Paper template<\/div>\n
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Process:<\/div>\n
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Read the mock trial packet. Repeatedly. The better you know the material and use your Elements of Thought to analyze various issues, the better you will perform on this assignment. <\/div>\n
Know who your client is. If your last name begins with A – H, you are representing the plaintiff, the Goodson’s. If your last name begins with J – Z, you are representing the defendant, General Palmer Railroad. You should analyze the case from both perspectives because that prepares you for what your opponent will throw at you, but everything you present must be in support of YOUR client. Don’t be upset if you feel you were assigned to the “losing side.” There is no such thing. A very important concept to understand with lawsuits: Two people walk into court expecting to prevail, only one of them is correct. Winning is possible for both sides. It’s all in what YOU do with it. <\/div>\n
Pick the case apart. Analyze it. Develop your LEGAL STRATEGY. This means that you must use legal concepts to defend your client. There must be a legal argument for why your client should prevail. Emotions may be at play, but you cannot base your lawsuit on emotions.<\/div>\n
Study the legal concepts at play. Make sure you understand them and what you have to prove. You have to PROVE your case. It is not enough to just present facts. You have to apply legal concepts to the facts in order to PROVE that your client should prevail.<\/div>\n
Develop your materials. USE THE TEMPLATE!<\/div>\n
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READ THE PACKET… REPEATEDLY<\/div>\n
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Key points from the trial packet – I am using the page numbers at the bottom of the actual pages, not the pdf page numbers.<\/div>\n
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Page 44 \u2013 Provides a brief case summary.<\/div>\n
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Page 45 \u2013 Provides the stipulations for the case. Stipulations are non-disputable facts. In other words, stipulations are facts that both parties agree to. This means that anything listed under stipulations cannot be argued in the case and can be taken as true.<\/div>\n
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Page 46 \u2013 Begins the Goodson\u2019s complaint. The complaint provides a detailed explanation of the accusations that the Goodson\u2019s are making against the Railroad. If you represent the Goodson\u2019s, you need to prove those allegations by a preponderance of the evidence. If you represent the Railroad, you have to argue against the truth of those allegations.<\/div>\n
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Page 49 \u2013 Lists the witnesses that you will examine. You will ask direct examination questions of YOUR witnesses and cross examination questions of your opponent\u2019s witnesses. There is a difference!<\/div>\n
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Page 50 \u2013 Affidavits begin here. You will see affidavits from all six witnesses. The affidavits are the basis of that witness\u2019 testimony. You may not ask questions that are not covered in the affidavits.<\/div>\n
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Page 71 \u2013 Exhibits begin here. You may introduce exhibits when questioning witnesses. You must introduce an exhibit if you want the jury to see it.<\/div>\n
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Page 77 \u2013 Applicable laws and case law begins here. You need to be very familiar with these because this is the standard upon which your case is judged. Plaintiff attorneys – you have to prove your case. You have to do this in legal terms, not based on emotion. Defense attorneys – you have to challenge the claims that your client was negligent. You have to show that they were not.Case law is also important. You want to use case law to harness the power of precedent. In your closing specifically, cite to case law that benefits your case.<\/div>\n
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PREPARING YOUR TEMPLATE<\/div>\n
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You should:<\/div>\n
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Make sure you have downloaded the paper template I provided. You can find this as a link above.<\/div>\n
At the top of the paper, right above \u2018opening statement,\u2019 enter this information:<\/div>\n
Your name<\/div>\n
Your client\u2019s name. If your last name begins with A – H, you are representing the plaintiff, the Goodson family. If your last name begins with J – Z, you are representing the defendant, General Palmer Railroad.<\/div>\n
Type your paper directly into the template! DO NOT CREATE YOUR OWN WORD DOCUMENT. Follow the instructions for content in the template.<\/div>\n
Examination questions and goals should be numbered lists as found in the template. The opening statement and closing arguments should be paragraph format.<\/div>\n
Do not reorder the template. The plaintiff witnesses testify first. For some of you, these will be direct examination questions (A-L), for others cross-examination questions (M-Z).<\/div>\n
All of your components should be clearly identifiable by using the sections provided in the template.<\/div>\n
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DEVELOPING YOUR LEGAL STRATEGY<\/div>\n
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Begin by making sure you are clear on your legal strategy. In other words, you need to be very clear about what you have to prove and how you intend to do so. <\/div>\n
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If you represent the Goodson\u2019s, you are the plaintiff. Plaintiffs, what do you have to prove and how are you going to prove it? Write out the elements of negligence and the facts that will help you prove each element. Include the witness name for each fact, which will help you write questions.<\/div>\n
If you represent the Railroad, you are the defendant. Defendants, how will you counter the plaintiff’s claim? Write out the elements and the facts that will help you “disprove” each element of negligence. Keep in mind, however, that you only have to disprove one element. Include the witness name for each fact, which will help you write questions.<\/div>\n
 Remember\u2026<\/div>\n
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You have to think about the case from both perspectives in order to adequately respond! You have to be prepared for what the other side will throw at you!<\/div>\n
You have to use your facts and apply the law to the facts. You cannot base your case on emotion!<\/div>\n
A few tips<\/div>\n
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Negligence is the key issue and must be addressed in your paper, regardless of who you represent. You are either proving negligence or disproving it.<\/div>\n
You have to think about the case from both perspectives (plaintiff and defendant) in order to adequately respond! You have to be prepared for what the other side will throw at you!<\/div>\n
You cannot base your entire case on one fact. Build your case.<\/div>\n
You have to use your facts and apply the law to the facts. You cannot base your case on emotion!<\/div>\n
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WRITING WITNESS GOALS<\/div>\n
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Next, write out a goal for each witness. What do you want to get out of that witness? What do you want to use them to prove? These goals should guide your questions. You must write the goal for all six witnesses, your three and your opponent’s three! <\/div>\n
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Your goals should look something like this:<\/div>\n
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Witness 1 Name<\/div>\n
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Goal: My goal in examining this witness is to _____________ OR With this witness I want to show that _______________. Any statement like that is fine. It should demonstrate that you understand the value of this witness to your case.<\/div>\n
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WITNESS EXAMINATION (DIRECT AND CROSS EXAMINATION)<\/div>\n
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Now that you have thought through the case and what you want to prove with each witness, you can write your questions. Your questions should be focused on proving your goals.  <\/div>\n
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Ask a minimum of 5 questions for EACH witness. Focus on questions that help you prove your case. I will not count questions like \u201cwhat is your name?\u201d \u201cwhat is your relationship to John?\u201d etc. Your questions should help you achieve your goal. <\/div>\n
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Your questions should be numbered. You do NOT have to answer the questions!<\/div>\n
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Make sure you format your questions properly. There are two types of questions, depending on whether you are questioning your witnesses (called direct examination) or your opponent’s witnesses (called cross examination).<\/div>\n
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Direct examination questions are questions you ask your OWN witnesses. Here, you want to ask OPEN ENDED questions. You want your witness to be able to speak freely and tell their story, but you have to guide it. For example, you could say “tell us about the truck you bough your son.”<\/div>\n
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Cross examination questions are questions you ask your OPPONENT’S witnesses. Here, you want to limit what they say! Ask YES\/NO questions and guide what they are agreeing to. These are called leading questions (you cannot lead in direct exam, but can in cross exam). For example, you could say “your son told you that he was going to go out of town to blare his radio, didn’t he?” Do you see the difference in these questions? It is crucial that you do! This is an extremely important strategic process! Use it wisely!<\/div>\n
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A few cautions.<\/div>\n
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Use the template. Meaning, type directly into that document. Do not reorder it. Do not delete components. <\/div>\n
You cannot say something in closing that was not entered into evidence through witness testimony. The same goes for exhibits. If you want the jury to see an exhibit, you have to ask a witness questions about that exhibit. <\/div>\n
http:\/\/www.law.indiana.edu\/instruction\/tanford\/web\/reference\/06direct.pdf<\/div>\n
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http:\/\/www.law.indiana.edu\/instruction\/tanford\/web\/reference\/07cross.pdf<\/div>\n
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https:\/\/lawyerist.com\/cross-examination-perfect-question\/<\/div>\n
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http:\/\/law.indiana.edu\/instruction\/tanford\/web\/reference\/08experts.pdf<\/div>\n
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CLOSING ARGUMENT<\/div>\n
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The closing argument is an ARGUMENT. That is super important to understand. This is where you actually argue in favor of your client winning. It should be strongly worded to take on that form. <\/div>\n
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Remember, you are trying to convince the jury why your client should win. The jury knows nothing about the case except what you and your opposing client tell them. <\/div>\n
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You should…<\/div>\n
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Recap the facts and the evidence. Make your client real and personable. Help the jury relate to your client.<\/div>\n
EXPLAIN the law. Explain the elements of the law<\/div>\n
APPLY the law to the facts. Walk the jury through this. Tell the jury how they should interpret the law in light of the facts. <\/div>\n
Incorporate and explain the case law. Normally this isn’t done in a closing argument, but I want to see how you use the case law to support your position.<\/div>\n
Close with your request that the jury rule in your client’s favor.<\/div>\n
http:\/\/law.indiana.edu\/instruction\/tanford\/web\/reference\/09close.pdf<\/div>\n
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https:\/\/www.americanbar.org\/news\/abanews\/publications\/youraba\/2017\/july-2017\/10-tips-for-effective-opening-and-closing-arguments\/<\/div>\n
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OPENING STATEMENT<\/div>\n
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The opening statement provides an overview of the case for the jury and is usually written last. You should:<\/div>\n
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Set the stage for the jury and introduce the parties. What happened, when, to who? <\/div>\n
Make your client relatable. You want the jury to connect with him\/her.<\/div>\n
Introduce your theme. This helps the jury understand and remember facts along the way.<\/div>\n
Provide a road map. Tell the jury what you have to prove and give an overview of how you will do so. Be careful though. The opening cannot present evidence, make legal assertions, or testify. <\/div>\n
Choose your words carefully… every word matters. Remember what you are trying to accomplish. For instance, the railroad may want to refer to what happened to John as an “accident” but the plaintiff would not want to do that. Do you understand why? The word accident implies no fault. The plaintiff wants the railroad to be found at fault, so “accident” is not a good word choice. The right words can convey a message of their own.<\/div>\n
http:\/\/www.law.indiana.edu\/instruction\/tanford\/web\/reference\/04open.pdf<\/div>\n
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https:\/\/www.americanbar.org\/groups\/litigation\/committees\/trial-practice\/practice\/2015\/5-tips-for-engaging-opening-statements\/<\/div>\n
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PROOFREADING YOUR PAPER<\/div>\n
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The final step! Your paper should be essentially written, but don’t stop now! You want to present a professional, well-written paper. I do deduct points for writing errors and I grade this portion very strictly. Don’t short-change this process!<\/div>\n
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Please do the following:<\/div>\n
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Review the paper. Make sure that the legal content of the paper is solid. Again, you have to prove your case using legal principles!<\/div>\n
Proof read your paper. Do this by reading it OUT LOUD! You will be amazed at how effective it is to read a paper out loud. If you trip up, fix it!<\/div>\n
Submit the paper as a word document through the mock trial assignment in the to do list or gradebook.<\/div>\n
That’s it! All done!<\/div>\n
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<\/div>\n","protected":false},"excerpt":{"rendered":"

Please review this information carefully and multiple times. This is a complex assignment. Post any questions you have. You will \u201crepresent\u201d either the plaintiff or the defendant in a mock trial. You will develop your legal strategy, goals and direct examination questions for three witnesses, goals and cross-examination questions for three witnesses, and your opening […]<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"closed","template":"","meta":[],"disciplines":[224],"paper_types":[],"tagged":[],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/www.goodacademic.com\/blog\/wp-json\/wp\/v2\/questions\/9761"}],"collection":[{"href":"https:\/\/www.goodacademic.com\/blog\/wp-json\/wp\/v2\/questions"}],"about":[{"href":"https:\/\/www.goodacademic.com\/blog\/wp-json\/wp\/v2\/types\/questions"}],"author":[{"embeddable":true,"href":"https:\/\/www.goodacademic.com\/blog\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/www.goodacademic.com\/blog\/wp-json\/wp\/v2\/comments?post=9761"}],"version-history":[{"count":0,"href":"https:\/\/www.goodacademic.com\/blog\/wp-json\/wp\/v2\/questions\/9761\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.goodacademic.com\/blog\/wp-json\/wp\/v2\/media?parent=9761"}],"wp:term":[{"taxonomy":"disciplines","embeddable":true,"href":"https:\/\/www.goodacademic.com\/blog\/wp-json\/wp\/v2\/disciplines?post=9761"},{"taxonomy":"paper_types","embeddable":true,"href":"https:\/\/www.goodacademic.com\/blog\/wp-json\/wp\/v2\/paper_types?post=9761"},{"taxonomy":"tagged","embeddable":true,"href":"https:\/\/www.goodacademic.com\/blog\/wp-json\/wp\/v2\/tagged?post=9761"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}