Opening Statements: Needs And Issues Term Paper

Length: 4 pages Sources: 1+ Subject: Business - Law Type: Term Paper Paper: #43646470 Related Topics: Informative, Persuasion, Jurisprudence, Persuasive

Excerpt from Term Paper :

¶ … opening statement, one which is powerful and which is able to foster a sense of trust between the legal team and the jury is absolutely a fundamental step when it comes to administering the appropriate foundation at the start of the trial. The opening statement has overall four main objectives: the first is to offer a lucid picture of the case: the major plot points, the people involved and all instrumentalities, disputes and assertions of fact. Another aspect of the opening statement is that it needs to "arouse the interest of the jurors in your case and general theory so that they want to hear your evidence. If jurors become bored (or worse, if they become antagonistic), they may be inattentive while you present your witnesses" ( The third function of the opening statement is to foster a sense of rapport with the jurors, so that they are treated as intelligent people and so that all sincere beliefs in one's cause are communicated: this is important as it furthers the process of establishing connections and a bond with the jurors. In particular, if one is on the side of the defense during the trial, the opening statement marks a time where the opportunity to alert jurors to the two sides of the case is absolutely essential: it ensures that the jurors do not make up their minds too quickly ( The opening statement is often viewed by experienced trial practitioners as part of the more underrated and overlooked elements of the trial as it allows one to present one's side as a more cohesive whole. It's not reasonable to expect jurors to gain a particular decision regarding one's opening remarks; the opening statement can ensure that one engages in an effective use of the principle of primacy to effectively capitalize on the process of persuasion....


One of the most problematic aspects of the opening statement is that lawyers don't adequately seize the opportunity to present their theory and to highlight the most meaningful parts of the evidence: rather, they read the pleadings and bury the important facts in a mass of trivial details, sacrificing the coherence and going into intricate summaries which only confuse jurors and obfuscate the most important and meaningful facts ( One of the issues that other trial attorneys make through their own mistakes is an overgeneralization during the opening statement. This can be just as bad as a wealth of details as overgeneralizations mean that the important details are left out and the side of the case is presented as vague. One side of the case, be it the defense or the prosecution, should be able to present the case and the summation of facts in a particular and meaningful way. The opening statement needs to be able to summarize the evidence in such a manner that the theme of the case is presented. However, with many trial attorneys, their opening statements just aren't organized well enough to allow this to happen. "A short opening sentence or two that presents the theme of the case; a short 125-word overview of the case to orient the jurors and give them an aid to understanding the facts that follow; then a re-telling of the 'story' chronologically" (Schaeffer, 2004). One can even use the method that many Hollywood screenwriters use: start by setting a time and place and then introduce one's client as a protagonist along with the conflict (what's wrong) and then add all additional events in a…

Sources Used in Documents:

References (2002). Opening Statement. Retrieved from

Jarvis, D. (2014). Opening Statement Trial Tips. Retrieved from

Schaeffer, E. (2004, February 5). Notes on Opening Statement. Retrieved from

Cite this Document:

"Opening Statements Needs And Issues" (2014, June 22) Retrieved June 7, 2023, from

"Opening Statements Needs And Issues" 22 June 2014. Web.7 June. 2023. <>

"Opening Statements Needs And Issues", 22 June 2014, Accessed.7 June. 2023,

Related Documents
Serial Killers Opening Statement: Introduction
Words: 2164 Length: 7 Pages Topic: Criminal Justice Paper #: 45662702

This is often seen as the most important aspect to focus on. However, it has also been realized that societal and cultural aspects can also influence the development of the serial killer. Psychological causes that are related to the psyche of the serial killer include the aforementioned Antisocial Personality Disorder (ASPD). Genetic predisposition and makeup are also given as a formative developmental cause of this crime. However, psychological and genetic

Human Trafficking: An Ethnographic Study Opening Statement
Words: 3518 Length: 12 Pages Topic: Sports - Women Paper #: 13934907

Human Trafficking: An Ethnographic Study Opening Statement Human trafficking is not a problem that only affects developing nations. Every nation and region of the globe is plighted by the problem of human trafficking, including the world's wealthiest countries. In fact, it is often the wealthy nations that provide the lucrative market that drives human trafficking to begin with. "Human trafficking represents perhaps the worst form of labor exploitation and can be regarded

Mock Trial Opening Statement Your
Words: 1407 Length: 4 Pages Topic: Economics Paper #: 94218761

I want you to put yourself in their shoes and then tell me how you would feel if someone--anyone -- got a hold of your personal information, your private information, your identity, and used that information to buy stuff online. To commit Grand Theft. Now, the defense is going to try to steer your minds away from the crime that was committed and will tell you that the police were

Opening: Rate the Opening on How Dynamic,
Words: 870 Length: 3 Pages Topic: Psychology Paper #: 33645093

opening: Rate the opening on how dynamic, dramatic, exciting it is. Can you think of a way to make it more dramatic? Can you think of a different opening that would more effectively capture the reader's attention? The introduction of the Claude essay is pretty basic and, in many ways, is fairly effective. However, the formatting and attention to detail on the citation style as well as some spelling and

Issues in Starting a New Business
Words: 1912 Length: 7 Pages Topic: Business Paper #: 60817458

Starting a New Business There are several issues that one need to consider in starting a new business. These issues relate to marketing research, competitive analysis, and financial matters. Below, we define some of these issues on detail. To finish my projects I contacted over ten professors at our university and other institutions, and have obtained valuable advice from them. I was fortunate enough to receive the valuable advise from two

Issues Surrounding the Early Days of the Women S Rights Movement
Words: 1589 Length: 5 Pages Topic: Women's Issues Paper #: 84330684

National Women's Rights Convention of 1850 in Worcester, Massachusetts, a convention dedicated to rallying important voices around the country for the cause of social reformation regarding the position of women. That the Convention took its name for the women's rights movement is indicative of the major compelling force behind that the new "idea" of womanhood had roused, not just among women but also among men of important social standing. Women