how does a lawyer build a case to move an argument forward

Can a party to a case submit written arguments to court?

A party to a case can submit written arguments in support of his case to the court before he concludes his oral arguments, if the court permits. The written arguments thus submitted should form part of the records of the case. The Order XVIII Rule 2 (3A) of the Code of Civil Procedure, 1908 (CPC) recognizes submission of such written arguments.

How does a lawyer apply case law to a case?

If a lawyer wants to apply the case law (“I think my client should get the same result as the previously decided opinion”), the lawyer has to think of ways the opinion facts are similar to the facts of the client’s case and create a theme that exists in both sets of facts.

How do parties address oral arguments in a criminal case?

The parties can address oral arguments before the court and submit written arguments with the permission of the court. In criminal case, the prosecution produces evidence to prove the allegation of crime beyond all reasonable doubt. The defendant’s duty is to disprove what the prosecution charges against him and nothing more.

When to file written arguments in a criminal case?

The written arguments shall form part of the record. A copy of the written arguments is to be simultaneously furnished to the other party. The Section 314 of the Code of Criminal Procedure, 1973 (CrPC) also provides for filing written arguments, before concluding one’s oral arguments, to the court in a criminal proceeding.

What is it called when a lawyer argues a case?

Oral arguments are spoken presentations to a judge or appellate court by a lawyer (or parties when representing themselves) of the legal reasons why they should prevail.

How do you start a case argument?

Opening Statement ChecklistState your theme immediately in one sentence.Tell the story of the case without argument.Persuasively order your facts in a sequence that supports your theme.Decide whether to address the bad facts in the opening or not.Do not read your opening statement. ... Bring an outline, if necessary.More items...•

How long does a lawyer have to present an argument?

The Court allows just 30 minutes for each side to present its case, and the attorneys' arguments may be frequently interrupted by questions from the justices.

What are the three possible outcomes at an appeals court?

After reviewing the case, the appellate court can choose to: Affirm (uphold) the lower court's judgment, Reverse the lower court's judgment entirely and remand (return) the case to the lower court for a new trial, or.

How do you frame a legal argument?

Eight Easy Rules for Persuasive Legal WritingKeep paragraphs within 2 to 7 sentences. ... Keep sentences under 60 words. ... Avoid unnecessary detail. ... Banish passive voice. ... Use key words to signify your argument. ... Define your opponent's argument. ... Edit as you go.

How do you present an argument like a lawyer?

Laws Of Conversation: How To Argue Like A LawyerIdentify The Issue And Don't Deviate From It. Recognise the main point of discussion and stick with it. ... Leave Emotion At The Door! Emotion will never win an argument. ... Be Wary Of Shifting Dialogues.

What happens after closing arguments?

After the closing arguments, the judge will give the jury its final instructions. Both sides may contest the content of those instructions because they can have an enormous effect on the jury's verdict. During deliberations, the jurors may have questions about the evidence or the instructions.

Who gets the last word in a trial?

After the plaintiff is finished, the defendant has the opportunity to give a closing statement as well. The plaintiff may be given a last rebuttal (a chance to respond to the defendant's closing statement) since the plaintiff has the burden of proof in the case.

Does defense get a rebuttal?

Rebuttal. If the defense does put on evidence, the prosecution will have the opportunity to present additional evidence after the defense rests. This evidence must contradict evidence presented during the defense's case.

What happens if you lose an appeal?

If you win the appeal, your opponent could seek to appeal the appeal. If you win the appeal, the case might be sent back for a new trial leading to further expense. Losing the appeal may mean paying the other side's legal costs.

What is a good sentence for appeal?

The mayor made an appeal to the people of the city to stay calm. We made a donation during the school's annual appeal. She helped to organize an appeal on behalf of the homeless. My lawyer said the court's decision wasn't correct and that we should file for an appeal.

What are the grounds for an appeal?

The most common grounds for appeal of a criminal conviction are improper admission or exclusion of evidence, insufficient evidence, ineffective assistance of counsel, prosecutorial misconduct, jury misconduct and/or abuse of discretion by the judge.

How does a case move through the court system?

How a Case Moves Through the Court System. In the case outlines that follow, each party is represented by an attorney. But this often is not the case, especially in limited jurisdiction courts. People may represent themselves in court without an attorney as long as they follow court rules. They often are called pro per, pro se, or self-represented ...

Who speaks first in a criminal case?

In a criminal case, the prosecuting attorney speaks first. To begin, the prosecuting attorney gives an overview of the facts that will be presented. The defense attorney may present the same type of opening comment or may save the opening statement until later in the trial when that side of the case begins.

What is the difference between arraignment and trial?

2. Arraignment – The defendant appears in court to enter a plea of guilty or not guilty. Many limited jurisdiction courts combine the initial appearance and the arraignment. 3. Trial – If the defendant pleads not guilty, a trial is held.

What is a complaint filed with the clerk of the court?

1.The plaintiff files a document (a complaint or a petition) with the clerk of the court stating the reasons why the plaintiff is suing the defendant and what action the plaintiff wants the court to take. 2.The plaintiff must state whether the case is eligible for arbitration according to court rule.

What happens if a jury is found not guilty?

The court then enters a judgment based on the verdict, and the jury is released from service. If found not guilty, the defendant is released immediately. If the defendant is found guilty, a date is set for sentencing. The defendant may be held in custody or remain on release status until sentencing.

What does it mean when a defendant's attorney asks for a judgment of acquittal?

This means that the attorney is asking the court to decide the case in the defendant’s favor because the prosecuting attorney did not present enough evidence to prove the case against the defendant.

What is the process of a criminal case in limited jurisdiction?

Case Processing in Limited Jurisdiction Courts. Limited jurisdiction courts usually process criminal cases as follows: 1. Initial Appearance – This is the defendant’s first appearance in court, and the defendant is advised of the charges. The judge appoints an attorney if the defendant cannot afford one. 2.

What is the first thing a lawyer must do?

First, lawyers understand and believe the facts their clients relay to them. Second, after hearing the facts and identifying the legal issues a client is facing, a lawyer must find a previously decided opinion (called case law or precedent) with an outcome that favors their client’s position. Or, a lawyer may need to distinguish case law ...

Why do lawyers use theme?

The lawyer then uses the theme that they created (as opposed to using the facts of either case) to argue that because the theme exists in both the previously decided opinion and the client’s case, the case law outcome should be applied to the client’s case .

Do lawyers change facts to win a case?

Lawyers are notoriously known for changing the facts to “win” their case. Yet, the most successful attorneys never change the facts to win. They simply do not need to do so. How, then, does a lawyer win a case? First, lawyers understand and believe the facts their clients relay to them.

What is a good closing argument?

A good closing argument reviews the evidence presented at trial. If you can, practice your closing with other attorneys on your team or with consultants. “It’s no different than an oral argument, the preparation is the same,” O’Donnell said. “Think about what you want to tell the jury.

What is a good opening statement?

A good opening statement demonstrates your sincerity, knowledge of the facts, confidence and likeability all at the same time. “You don’t want to over-promise or under-deliver in your opening statement,” Soto said, adding that there’s no such thing as being over-prepared. 3) Tackle any unfavorable facts head-on.

What is the opening and closing statement?

Opening and closing statements are the bookends of your trial, and offer a chance to tell your client’s story, framing it the way you want the jury to hear it. A solid opening statement gets the trial off on the right track.

How to start a voir dire?

1) Start communicating the trial theme during voir dire. Studies have shown that often jurors decide who they think should win after voir dire and opening statements, Soto said. 2) Establish credibility. You want to hook jurors with your opening statement.

How can a good litigator derail a case?

A good litigator can easily derail a case even before a trial starts by using some procedural checks. Here are some of the most common tricks lawyers play in civil litigation and how you can fight back.

Can a lawyer help you avoid a case?

As the plaintiff, a lawyer can help advise you on how to avoid this particular trick. In some cases, it may be preferable to plead less so that you clearly state a cause of action but avoid ambush by defense counsel. This usually requires pleading the case law, rules of procedure and some facts regarding the case.

Is litigation stressful?

Even for the most experienced of litigators, litigation can be stressful. This is even more true when there is an imbalance in experience due to an experienced trial lawyer facing off against a young or new lawyer or a pro se litigant. A good litigator can easily derail a case even before a trial starts by using some procedural checks.

Why the Argument is needed and when to proceed and how.?

Advocates present their argument before the honourable judge to persuade the judge so that he is both legally and logically satisfied to provide positive judgment for his (advocates) client.

Criminal vs. Civil Matters

In a criminal matter, the Issues presented before the court is called a “Case” or “Criminal Case”.

Argument Structure

1. To Marshall the fact of the pleading i.e. Plaint or Written Statement

Argument Example

This is a Title Suit. I am for the plaintiff. The fact of the suit is straightforward and crystal clear. The plaintiff inherited the suit property from his father. While enjoying the property by the plaintiff the defendant claimed the ownership of it.

What is the structure of an argument?

On each issue, the fact relating to every issue should be stated in support of every proposition (a statement that affirms or denies something) at first. That means for each proposition, the arguments should start with facts on which proposition or issue is grounded.

Who begins the oral argument?

Normally the plaintiff begins the presentation of his oral arguments in a civil case. However, the defendant has the right to begin the argument if the defendant admits the facts alleged by the plaintiff, and contents that the plaintiff himself is not entitled to any part of the relief which he seeks. On the day of hearing, the party having the ...

What is the purpose of oral arguments in criminal cases?

In criminal case, the prosecution produces evidence to prove the allegation of crime beyond all reasonable doubt.

What happens on the day of a hearing?

On the day of hearing, the party having the right to begin states his case and produces his evidence in a civil case. The other party states his case and produces his evidence in support of his case. The party beginning the case may then reply generally on the case. The parties can address oral arguments before the court ...

What is the meaning of the word "argument"?

The word "argument" is often used to refer to a heated dispute, a quarrel, or a shouting-match.

What is civil case?

A civil case essentially is all about claim of some legal right by one party and the denial of it by the other party, resulting in a judgement by a dispassionate judge functioning as an arbiter or umpire. In a criminal case, the prosecution charges the accused guilty of some criminal offence punishable under the penal law and ...

What are the elements of a written argument?

A broad outline of written arguments. In general the written arguments, like the oral ones, must include the following essential ingredients: State the facts: you must state the facts of your case, back and forth, based on the record. State the law: You must be able to state how you want the court to adopt and apply the law.