Opening Statements and Video

What are the two functions of an opening statement?

• To introduce your case to the jury

• To introduce your theory to the jury

• To draw conclusions about the evidence presented

• To present evidence to the jury

You can anticipate your opponent's case by

• reviewing your facts; your good facts are your opponents bad facts

• demanding to look at your opponent'communications with their client or witnesses

• asking the exact questions that your opponent asks

• objecting to every witness that your opponent calls to testify

Why do you want to avoid overstating your evidence during your opening statement?

• If the evidence doesn't prove what you have claimed, it will make you appear untrustworthy.

• It really doesn't matter what you claim about your evidence. Since you aren't presenting evidence during an opening statement you can claim whatever you want.

• The jury can be easily misled by lawyers and you shouldn't exaggerate.

• Because it is your opinion and opinions don't prove anything.

According to your reading, why are opening statements critical to the outcome of a case?

• Studies have shown that verdicts are often consistent with the initial impressions made by the jury during opening statements.

• It is the only time the attorneys get to speak directly to the jury

• It is the only time the attorneys get to present evidence to the jury

• This is a trick question, studies have shown that opening statements are really not important in trial.

Why do you need to present a theory of the case during your opening statement?

• The case theory is your side's version of the events at issue and it is important to explain your side to the jury early on.

• Theories provide a simple catch phrase that juries can easily relate to.

• Theories really arent that important. Its really only the evidence that attorneys need to worry about.

• Theories provide an easy way to categorize witnesses as credible or not credible.

Which is not necessary in an opening language?

• Vivid descriptive language that allows the jury to visualize the scene of the events at issue.

• Personalization of the parties involved in the case.

• An overview of your case theory and how you intend to prove your theory.

• A list of all your pre-trial objections

True or False: You never need to address the burden of proof in an opening statement.

• True

• False

According to the video that we watched in class, how can you anticipate the opposing side's case.

• You can anticipate the opposing side's case by highlighting the positive aspects of your case.

• You really can't anticipate the other side's case. You simply have to do your best

• You need to step away from the podium and use body language to emphasize your points.

• This is a trick question. You can't talk about what you think the other side will say at all.

During opening statements, why is the prosecutor prohibited from speaking directly about what they think the defense will do during trial?

• Because the defense has not spoken to the jury yet, and predicting what the defense will do could prejudice the jury and violate the defendant's right to be presumed innocent.

• Because it's only fair. During opening statements the defense can't talk about what the prosecution will likely say or do during trial.

• Because the prosecutor is biased.

• Because the prosecutor is allowed to lie.

According to your reading, why are themes important?

• They are psyhcological anchors that help the jury understand the case.

• They keep the jury entertained.

• They are required by the rules of evidence.

• They help the jurors understand your future objections.