The Difference Between an Opening Statement and a Closing Argument - Bordas & Bordas (2024)

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The Difference Between an Opening Statement and a Closing Argument - Bordas & Bordas? ›

The former provides an attorney the opportunity to get up in front of the judge and jury and articulate points that will be established during trial; while the latter is a time for an attorney to argue the evidence that was presented throughout the course of the trial.

Unlike an opening statement, where counsel may describe only what the evidence is expected to show, in the closing argument counsel may argue the conclusions that should be drawn from the evidence.

If the defence decide to make an opening speech it should start with a comment on the evidence given so far by the prosecution, then provide an outline of the evidence to come and conclude with a summary of the questions that they think need to be answered. The closing speech is the final attempt to address the court.

The closing argument (also called the "closing statement") is the time when the attorneys may forcefully argue their sides of the case to the jury. The closing statement occurs after the close of evidence.

Opening Statement

This is each party's opportunity to set the basic scene for the jurors, introduce them to the core dispute(s) in the case, and provide a general road map of how the trial is expected to unfold.

An example of a closing argument is the lawyer opening with a statement, "How can my client be in two places at once?". The lawyer could then incorporate the theme of an alibi, arguing that the defendant could not have possibly committed a crime because they weren't even in the country when the crime took place.

The closing statement, also called a closing disclosure or settlement statement, is essentially a comprehensive list of every expense that the buyer and/or seller must pay to complete the purchase of a home.

The end or conclusion should be dramatic and powerful and connect to your opening. It should give them a call to action, involving them in the process to make the right and just decision. conduct is an essential part of persuasion and should come first.

What are examples of opening statements? ›

Closing argument is the lawyer's final opportunity in a trial to tell the judge and/or jury why they should win the case. They do so by explaining how the evidence supports their theory of the case, and by clarifying for the jury any issues that they must resolve in order to render a verdict.

Facts of Other Cases.

It is not permissible argument for counsel to read, or otherwise state, the facts of another case, together with the decision therein, as premises leading to the conclusion that the jury should return a verdict favorable to his client in the case on trial.

As the terms suggest, an “opening statement” comes at the beginning of the trial, while a “closing argument” occurs at the end of the trial after all the evidence is established.

Prosecutors and defense attorneys generally have considerable latitude in what they're allowed to say in opening statement. That said, they're not allowed to "argue" (argument is saved for closing), nor are they allow to refer to inadmissible evidence or facts they don't intend to or can't prove.

The “Golden Rule” argument: Statements from which the jury might infer that it was proper in calculating damages to place themselves in the plaintiff's shoes and award the amount they would “charge” to undergo equivalent disability, pain, and suffering.

It should provide an outline or a road map to help them follow along. The opening statement is also an opportunity to introduce the themes of the case. Here are outlines on how you can properly formulate an opening statement. Keep in mind that every case is different, and you are not bound by any particular format.

In the opening statement, you must clearly present your team's case, explain why your argument is strong, and state what criteria your team will use to support it. At the end, you must wrap up your team's case and re-state why it is the better argument.

Closing argument is the lawyer's final opportunity in a trial to tell the judge and/or jury why they should win the case. They do so by explaining how the evidence supports their theory of the case, and by clarifying for the jury any issues that they must resolve in order to render a verdict.