Either way, the closing statement should summarize and present the case in a way that convinces the judge or jury that the speakerâs side of the argument is the correct one. If you are the prosecuting attorney, you want your statement to conclude for the jury that the defendant is guilty of whatever he or she has been charged with.
Typical Closing Arguments
a summary of the evidence. any reasonable inferences that can be draw from the evidence. an attack on any holes or weaknesses in the other side's case. a summary of the law for the jury and a reminder to follow it, and.What does the sellerâs closing statement look like?
What does the sellerâs closing statement look like? A standard settlement statement has a column for the sellerâs debits and credits on one side, a column for the buyerâs debits and credits on the other, and a description of the charge in the middle. Below we use the ALTA form as an example and break it down, line by line.
How do you write a closing statement for a criminal case?
Either way, the closing statement should summarize and present the case in a way that convinces the judge or jury that the speakerâs side of the argument is the correct one. If you are the prosecuting attorney, you want your statement to conclude for the jury that the defendant is guilty of whatever he or she has been charged with.
What is an example of an effective closing statement?
This is one of many effective closing statement examples as Bob's attorney followed all the proper steps. A closing argument is the final statement an attorney makes to a judge and jury in a civil or criminal trial to persuade them to vote favorably for their client.
What is a closing statement in a debate?
March 25, 2014 by. A closing statement is a statement made at the end of a debate, or more often, a legal trial, delivered by a representative of each side of the case or debate. It is the last chance for both parties of said debate or trial to state their argument, and hopefully affect the verdict or outcome in their favor.
What is a closing statement?
Why is a closing statement persuasive?
What is the closing statement in To Kill a Mockingbird?
How to start a statement of trial?
What is a fictional closing statement?
What is the final argument in a closing statement?
How long does it take for a jury to close a case?
See more
About this website
How do you write a legal closing statement?
Guide to Writing Closing ArgumentsFactual Evidence. How it supports your case.Factual Evidence. How it supports your case.Factual Evidence. How it supports your case. Comments on the credibility of witnesses: How do the puzzle pieces of evidence and testimony fit into a compelling whole?
What should a closing statement have?
Objective: The closing statement is the attorney's final statement to the jury before deliberation begins. The attorney reiterates the important arguments, summarizes what the evidence has and has not shown, and requests jury to consider the evidence and apply the law in his or her client's favor.
What is closing statement lawyer?
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.
What is a closing argument example?
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.
What is a closing statement?
A closing statement, also called a HUD-1 statement or settlement sheet, is a form used in real estate transactions with an itemized list of all the costs to the buyer and seller.
How long is a closing statement?
Each closing argument usually lasts 20-60 minutes. Some jurisdictions limit how long the closing may be, and some jurisdictions allow some of that time to be reserved for later.
How do you write a closing argument for a plaintiff?
Summarize the facts that have been presented through the evidence. Stress how these facts have confirmed the representations that you made in opening. Point out where your opponent has not been able to support statements made in opening. Explain the areas where your case has had weaknesses.
What happens after closing argument?
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.
What is a closing statement in a disciplinary hearing?
The purpose of presenting a closing argument or statement is so that you can explain to the chairperson why it is that he or she should be trusting your version instead of the other side's. The best way to do this is to remind the chairperson of the charges and why it is that you've proven guilt on each one.
How do lawyers end their speech?
Each side gives a closing statement at the conclusion of the trial, after all evidence has been given. Each lawyer will give a summary of the evidence the judge heard on the key issues, and offer their opinion on the reasons the judge has to find in their favour.
How do you write a defense statement?
A strong defense opening statement will do the following:Tell a story. ... Plant the defense themes. ... Make concessions only with great caution. ... Make the defense case concisely. ... Humanize the defendant. ... Make no promises about the defendant testifying. ... Argue the defendant's case. ... End on a high note.
What do judges say at the end of a trial?
Judge: (After verdict is read) Thank you, Jury, for your service today. Court is adjourned. Any attorney may object to a question asked of a witness on the stand or the admission of an exhibit if s/he feels that it does not follow a rule of evidence.
How do lawyers start their closing statement?
Lawyers should start their closing argument with an interesting or clever comment. This comment gets the jury's attention, and the lawyer can then...
How do you write a strong closing argument?
To write a strong closing argument, one should start with an interesting or clever statement. Then, a theme like police error or mistaken identity...
What is an example of a closing argument?
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 incor...
What is a good closing statement for a debate? - Quora
Answer (1 of 23): Q: What is a good closing statement for a debate? âAnd thatâs the way the cookie crumbles.â Then, hold up the mic. Drop it. Walk away.
10 Closing Statements for Interviews (With Examples) | Indeed.com
2. Discuss missing experienceďťżďťż Addressing missing experience to a hiring manager shows how you can excel despite challenges. The hiring manager can notice your problem-solving skills and factor them into their decision to hire you.
10 Tips for effective opening and closing arguments
Opening and closing statements are the bookends of your trial, and offer a chance to tell your clientâs story, framing it the way you want the jury to hear it. A solid opening statement gets the trial off on the right track. âThis is the only time youâre really going to have the chance to make a first impression in front of the jury,â said litigation expert Miranda Lundeen Soto, a ...
What is a closing statement?
A closing statement is a statement made at the end of a debate, or more often, a legal trial, delivered by a representative of each side of the case or debate. It is the last chance for both parties of said debate or trial to state their argument, and hopefully affect the verdict or outcome in their favor.
Why is a closing statement persuasive?
A closing statement must be persuasive, because it is delivered by one who supports a particular side of an argument. In the legal sense, a closing statement is delivered by the attorney on either side of the case: the prosecuting attorney and the defense attorney. If the defendant or plaintiff, the person or company on each side of the case, is unrepresented, meaning without a lawyer to argue on his or her behalf, he or she has the option to deliver a closing statement of his or her own creation.
What is the closing statement in To Kill a Mockingbird?
A very famous fictional example of a closing statement comes from Harper Leeâs âTo Kill a Mockingbird.â. In the novel, Atticus Finch, a southern lawyer, must defend a black man against charges of rape and assault.
How to start a statement of trial?
The way things stood at the beginning of the trial: Your statement should begin by detailing the state of affairs when the trial began, whether that was this morning or five months ago (the length of a statement correlates with the length of the trial, in most cases). This can include the charges laid against the defendant, their relationship to the plaintiff, and the circumstances that led to those charges being pressed. Any background information that you deem important to the verdict should be mentioned at the start of your statement.
What is a fictional closing statement?
A Fictional Closing Statement Example: A closing statement often proves to be the most dramatic or memorable part of the legal process. The concept of justice and punishing those who have done wrong is inherently exciting for people, and fictional books and television shows play off that excitement all the time.
What is the final argument in a closing statement?
Final argument: The final words of a closing statement are often very passionate, demonstrating the importance of justice, and explaining how you and your client have used the legal system to prove guilt, if youâre prosecuting, or innocence, if youâre defending. Whatever you say in the final sentences of your closing statement, ...
How long does it take for a jury to close a case?
Closing statements take place only after both sides of the case have presented evidence and examined witnesses to the lawyersâ satisfaction. Sometimes this process takes up a few hours, but depending on the case and the specific charge, trials can go on for days, weeks, or months.
How to write a closing story?
Use well known stories, analogies, and rhymes to prove your point. During your closing, you can use analogies and stories to explain your theory of the case . If you do choose a story that you think fits the case, make sure that it is something that most people would have heard of so you don't have jurors who have no idea what you are talking about.
How to make sure everyone understands your closing argument?
To make sure that everyone in the jury understands your closing argument, also avoid technical or legal terms. The average juror has a sixth grade education, so don't alienate people by trying to sound âlawyerlyâ or âsmart.â.
How to bring up a theory in a closing argument?
Bring up your theory at the beginning of your closing argument. Try to bring it up during the first 30 seconds of your argument to focus the jury's attention on the theory. Then continue to reference the theory throughout the rest of the argument.
What is the closing argument in a trial?
A closing argument is the last chance an attorney has to address the judge and jury.
Why should the jury be familiar with each side's theory of the case when closing arguments are given?
Because the theory of the case stays the same throughout the trial, the jury should be familiar with each side's theory of the case when closing arguments are given. Bring up your theory at the beginning of your closing argument.
How to prepare for a personal injury trial?
Prepare visual aids . After sitting through a trial, many jurors have heard and seen a huge amount of information. To help the jurors remember the information that was presented throughout the trial, and to make sure that the jurors remember the important parts of your closing argument when they begin deliberations, use visual aids during your closing argument. Charts, graphs, pictures, and words can be used as visuals during your closing argument. Such visual aids are quite common in personal injury cases.
What are the details of a murder case?
For instance, in a murder case, important details that both sides may want to talk about include the physical evidence that may link the defendant to the murder, whether or not the defendant has an alibi, any problems with the murder investigation, and any motive the defendant may have had to commit the murder.
What Is a Closing Statement?
A closing statement is a document that records the details of a financial transaction. A homebuyer who finances the purchase will receive a closing statement from the bank, while the home seller will receive one from the real estate agent who handled the sale.
What information should be included in a closing statement?
Financial information. The closing statement should also detail the purchase price of the home, deposits paid by the buyer, and seller credits.
How long does it take to get a final closing disclosure?
The final closing disclosure must be given to the borrower at least three business days before closing.
What is a seller closing disclosure?
A sellerâs Closing Disclosure is prepared by a settlement agent and lists all commissions and costs in addition to the net total to be paid to the seller.
What is the Truth in Lending Disclosure?
The Truth in Lending Disclosure provides important information about the cost of credit, including your annual percentage rate (APR).
Why is it important to review the closing statement of a mortgage?
Itâs important to carefully review the mortgage closing statement, to ensure that everything is correct and to check for any discrepancies.
What is included in the final disclosure of a loan?
It also will include the details of the loan, including the interest rate, the amount of the monthly payments, and the payment schedule.
What information is needed to complete a closing document?
At the top of the document (before you get to the portion that looks like a spreadsheet) youâll see a few boxes for inputting information that records basic details about the transaction, such as the names of the buyer and seller, the property address, and the closing date.
How long before closing do you have to give closing disclosure?
In the wake of the subprime crisis, the Consumer Financial Protection Bureau requires that buyers receive the Closing Disclosure, outlining loan costs among other fees and information pertinent to the borrower, no later than 3 days before closing for review.
Is a settlement statement the same as a closing statement?
Yes, a settlement statement is the same as a closing statement, though âsettlementâ is the formal term most likely to be used by the real estate industry.
What is an âexcess depositâ at closing?
A particular line item that causes confusion on the sellerâs settlement statement is the âExcess Deposit.â What is an excess deposit, and who will receive the funds listed on that line?
What is a settlement statement?
A settlement statement is an itemized list of fees and credits summarizing the finances of an entire real estate transaction. It serves as a record showing how all the money has changed hands line by line.
What does an impound account do at closing?
At closing the buyer sets up an impound account that allows them to bundle the cost of their mortgage principal, taxes, mortgage insurance, and other monthly costs into one payment. The lender likes this because they can make sure the new owner will keep up to date with all the payments associated with the home.
What is a seller's net sheet?
The sellerâs net sheet is not an official document but an organizational worksheet that your agent will fill out to estimate how much youâll pocket from your home sale after factoring in expenses like taxes , your real estate agentâs commission, your remaining mortgage, and escrow fees.
What should the closing argument focus on?
The closing argument should focus on how the defendant took shortcuts in a variety of safety issues which led to numerous accidents and eventually plaintiffâs death. Do not be afraid to argue in closing argument-juries expect it. Appealing to emotions is important if the case facts justify it.
Why is damaging testimony used in closing arguments?
Damaging testimony is even more devastating when used during closing argument because the attorney can set up the testiÂmony, play only the important clips the attorney wants the jury to hear , and then argue why the testimony is important .
What is the importance of synthesizing evidence in closing argument?
Even though a jury has heard all the evidence, it is critical to synthesize the evidence in closing argument. Merely sumÂmarizing the evidence is insufficient. The evidence needs to be argued. For instance, if the defendant had knowledge of a dangerous condition but did nothing about it, the trial attorney needs to remind the jury about the evidence and then draw a conclusion about it. The conclusion might be that the defendant was incompetent â or worse â intentionally ignored the problem because the defendant concluded that addressing the problem would be too expensive. There may be evidence that the defendant had an expensive bid to repair the problem and then decided not to make the repair. As a result of this shortsighted attitude, plaintiff was killed.
What should be highlighted in a court case?
It is critical that the attorney have evidence to support every event on the timeline, or a court may require the attorney to remove the event from the timeline or exclude it from closing argument al together.
What happens if the jury does not award significant damages?
For instance, if the jury does not award significant damages, the defendant will continue manufacturing cars that kill people. Making the case bigger than just the facts presented may tend to elevate the importance of the case and increase the damages award.
Why did the defendant ignore the problem?
The conclusion might be that the defendant was incompetent â or worse â intentionally ignored the problem because the defendant concluded that addressing the problem would be too expensive. There may be evidence that the defendant had an expensive bid to repair the problem and then decided not to make the repair.
What are some examples of charts used in closing arguments?
Some examples of charts I have used in closing arguments include: (1) a chart identifying the defendantâs inconsistent statements; (2) a chart showing the top 10 reasons why the defendantâs defenses did not make any sense; (3) a pie chart comparing sales figures of transactions at issue; and (4) a bar chart showing the defendantâs purchasing history.
What is closing statement?
This is a document that itemizes all the charges and credits and then shows the net profit for the seller. It summarizes the finances of the real estate transaction.
When Do I Get A Seller's Closing Statement?
As noted above, this document itemizes all of your expense and credits from the sale of your home. The documents are not uniform across the U.S., so the forms vary from state to state.
What is the most important thing to know when closing a real estate transaction?
One of the most important is the seller's closing statement. Here's more on what you need to know about this important step. One of the great moments in a real estate transaction, and the one that matters, is when you've accepted an offer and you are closing the deal. It means all of your hard work has paid off.
When do you get closing disclosures?
The statements may come about the same time you receive a closing disclosure form, if the seller has offered to pay any of the buyer's fees for obtaining a loan. This outlines loan costs and other fees regarding the borrower. It is usually handed out at least three days before the closing, so that the seller and their agent can review it.
What to do if your property is not a typical sale?
If your property transaction is not a typical sale and is more complicated, you may also want to have your attorney look it over before signing off on it.
How much does an attorney charge for closing?
This can be a flat fee or an hourly rate. You can expect to pay anywhere from $300 to $2,000, depending on the complexity of the transaction.
Who prepares closing documents?
The document is usually prepared by a lawyer, escrow firm, or a title company. You will sign the closing documents at this location.
What is a closing statement?
The Sellerâs Closing Statement, or Settlement Statement, is an itemized list of fees and credits that shows your net profits as the seller, and sums up the finances of the entire transaction. Everything from the sale price, loan amounts, school taxes, and other important information is contained in this document. Sellers can expect to pay between 6-10% of the final sale price in commissions and closing costs. So, itâs good to see exactly where that money is going.
How long does it take to get a closing disclosure?
Since the subprime lending crisis of the 2000s, the Consumer Financial Protection Bureau requires that buyers receive the Closing Disclosure no later than 3 days before closing. It outlines loan costs among other fees and information pertinent to the borrower,
What fees would a seller pay?
Another cost that buyers and sellers may both have to pay is their portion of the commission for the real estate agents. This would be listed in your sellerâs disclosure statement. You might also pay your prorated portion of the property taxes, or homeowners insurance for the period youâre still living in the home.
What happens if you offer to pay buyer fees?
If you as the seller offer to pay any of the buyerâs fees for obtaining a loan, youâll probably receive a version of the Closing Disclosure , which outlines the lenderâs charges.
What is due when closing a mortgage?
The Big Stuff. Anything you owe on the mortgage is due when you close the sale. Thatâs the first big thing to think about from a sellerâs perspective. Another cost that buyers and sellers may both have to pay is their portion of the commission for the real estate agents.
What is settlement statement cash?
Settlement Statement Cash â This version is used for liquid cash transactions for property sales.
Is there a closing statement for a seller?
Thereâs no single boilerplate âclosing statementâ form for sellers from state to state. However, the sellerâs settlement form created by the American Land Title Association (ALTA) is widely used for real estate transactions, and lists the main terms youâll see on your statement.
What to do when closing a file?
Promptly. One of the important things you will do as part of closing a file is formally terminating the representation. The longer you wait, the greater the chance theâtechnicallyâopen and ongoing attorney-client relationship leads to a misunderstanding. The risk may be small (or great, depending on the client), but you can head it off entirely by closing your files and notifying the client promptly when your work is done.
How to close client files?
Closing a client file is pretty simple. You just have to gather everything into one place, notify your client of the end of the representation, and archive the file. There is a bit more to it, of course, but a checklist can help you follow the same procedure every time and get valuable feedback from your client.
When is work done in estate planning?
If you are preparing estate plans or business formations, your work is probably done when the documents are signed and filed or delivered. If you are negotiating a deal, your work is probably done when the deal is signed. The point is, you know when your work is done, so close the file.
Do you have to return a will?
You donât have to return the file, but there arenât many good reasons to keep it unless you like storing things. There are exceptions to this, of course. Estate planning lawyers may keep official, paper copies of the wills they prepare. Business lawyers who expect more business from their clients may keep the official copy of the businessâs record. But get rid of all the paper you can, keep only digital copies, and give the client a copy of their digital file, too.
Is a file scattered all over the practice?
No matter how hard you try, The File is probably scattered all over the practice. Even in well-organized practices, emails need to be gathered from multiple users, original documents need to be reconciled with scans, statements need to be generated and added, etc. It is possible to minimize the extent to which the file is scattered, but your file-closing procedures will probably involve more than just moving a folder from one file cabinet to another.
What is the closing speech in a case?
Nevertheless my feeling, and one that is probably shared by most advocates, is that the closing speech is one of the most crucial parts of the case. It is where you have the chance to marshal your arguments; to make the points explicitly that previously had only been implicit in your questions; and, just asimportant, to deal with the points made by the other side.
What does it mean when your attention is on the jury?
If the focus of your attention appears to be on the jury it gives the impression that you are putting on a show instead of seriously listening to the evidence. To put it bluntly, it can make you look like a slimy lawyer. Put yourself in the jury retiring room.
What does it mean when you stand up to persuade the jury?
What I do mean is that when you stand up to make your final effort to persuade the jury you must be somebody that they will pay attention to. They donât have to like you â it is a good thing if they do â but if they donât take you seriously, and especially if they donât trust you, there is no way that you will be able to persuade them of anything.
Do you have to write a speech before a trial?
I donât mean by this that you need to have started to write a speech before the trial starts, although you should, of course, have a strategy and the beginnings of a plan for how you would like to address the jury at the end.
Does the prosecution make a closing speech in a court?
There are also differences between both the technique and the procedure in a Magistrates Court (where generally speaking the prosecution does not make a closing speech) to that in the Crown Court. (where it usually does).
What is a closing statement?
A closing statement is a statement made at the end of a debate, or more often, a legal trial, delivered by a representative of each side of the case or debate. It is the last chance for both parties of said debate or trial to state their argument, and hopefully affect the verdict or outcome in their favor.
Why is a closing statement persuasive?
A closing statement must be persuasive, because it is delivered by one who supports a particular side of an argument. In the legal sense, a closing statement is delivered by the attorney on either side of the case: the prosecuting attorney and the defense attorney. If the defendant or plaintiff, the person or company on each side of the case, is unrepresented, meaning without a lawyer to argue on his or her behalf, he or she has the option to deliver a closing statement of his or her own creation.
What is the closing statement in To Kill a Mockingbird?
A very famous fictional example of a closing statement comes from Harper Leeâs âTo Kill a Mockingbird.â. In the novel, Atticus Finch, a southern lawyer, must defend a black man against charges of rape and assault.
How to start a statement of trial?
The way things stood at the beginning of the trial: Your statement should begin by detailing the state of affairs when the trial began, whether that was this morning or five months ago (the length of a statement correlates with the length of the trial, in most cases). This can include the charges laid against the defendant, their relationship to the plaintiff, and the circumstances that led to those charges being pressed. Any background information that you deem important to the verdict should be mentioned at the start of your statement.
What is a fictional closing statement?
A Fictional Closing Statement Example: A closing statement often proves to be the most dramatic or memorable part of the legal process. The concept of justice and punishing those who have done wrong is inherently exciting for people, and fictional books and television shows play off that excitement all the time.
What is the final argument in a closing statement?
Final argument: The final words of a closing statement are often very passionate, demonstrating the importance of justice, and explaining how you and your client have used the legal system to prove guilt, if youâre prosecuting, or innocence, if youâre defending. Whatever you say in the final sentences of your closing statement, ...
How long does it take for a jury to close a case?
Closing statements take place only after both sides of the case have presented evidence and examined witnesses to the lawyersâ satisfaction. Sometimes this process takes up a few hours, but depending on the case and the specific charge, trials can go on for days, weeks, or months.
Summary
- A closing statement is a statement made at the end of a debate, or more often, a legal trial, delivered by a representative of each side of the case or debate. It is the last chance for both parties of said debate or trial to state their argument, and hopefully affect the verdict or outcome in their favor. Often, the closing statement is the most i...
Characteristics
- There are several defining characteristics of a closing statement. First of all, any reference to a closing statement is usually referring to one presented at the end of a legal trial, though it can sometimes mean the final statement of a professional debate, or the conclusion of a speech. All three of these types of statements share similar qualities, however.
Mechanism
- A closing statement must be persuasive, because it is delivered by one who supports a particular side of an argument. In the legal sense, a closing statement is delivered by the attorney on either side of the case: the prosecuting attorney and the defense attorney. If the defendant or plaintiff, the person or company on each side of the case, is unrepresented, meaning without a lawyer to âŚ
Trial
- A closing statements initial purpose is to summarize the findings of the trial, which has already taken place before the statement is delivered. The findings of the trial include anything of merit that has been discussed or discovered throughout the case, such as what kind of evidence has been presented, and what sort of information the witnesses for both the prosecution and defensâŚ
Introduction
- A closing statement needs to incorporate a few key elements in order to accomplish its goal, to persuade those listening of a particular fact or idea. These elements should be organized and addressed to both the jury and the judge, who are responsible for the verdict and the possible sentence, respectively. These elements include:
Analysis
- What has developed since: This part of the statement is more like a summarization of the trial itself. This is the part of your statement that should include any piece of evidence or testimony from a witness that favors your side of the argument. Anything that casts doubt upon the innocence of your client should, of course, be left out of your closing statement, unless you can âŚ
Significance
- A closing statement often proves to be the most dramatic or memorable part of the legal process. The concept of justice and punishing those who have done wrong is inherently exciting for people, and fictional books and television shows play off that excitement all the time. A very famous fictional example of a closing statement comes from Harper Lees To Kill a Mockingbird. In the nâŚ
Quotes
- For better or for worse, a closing statement, if crafted and delivered well, can turn the tide of a legal trial, and help you to succeed in winning the case, whether youre on the side of the prosecution or the defense. The power of persuasion and the ability to deliver a convincing statement is a highly sought after and powerful skill.
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