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20 Facts About Closing Argument

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1

A closing argument, summation, or summing up is the concluding statement of each party's counsel reiterating the important arguments for the trier of fact, often the jury, in a court case.

A trier of fact, or finder of fact, is a person, or group of persons, who determines facts in a legal proceeding, usually a trial.

A counsel or a counsellor at law is a person who gives advice and deals with various issues, particularly in legal matters.

A legal case is a dispute between opposing parties resolved by a court, or by some equivalent legal process.

The Most Persuasive Closing Argument EVER! by J Elaine

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A closing argument occurs after the presentation of evidence.

Closing Arguments of O.J. Simpson Murder Trial (Part 2) by AntonBatey

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A closing argument may not contain any new information and may only use evidence introduced at trial.

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It is not customary to raise objections during closing arguments, except for egregious behavior.

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However, such objections, when made, can prove critical later in order to preserve appellate issues.

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In the United States, the plaintiff is generally entitled to open the argument.

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The defendant usually goes second.

A defendant is a person or entity accused of a crime in criminal prosecution or a person or entity against whom some type of civil relief is being sought in a civil case.

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The plaintiff or prosecution is usually then permitted a final rebuttal argument.

The prosecutor is the chief legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system.

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9

In some jurisdictions, however, this form is condensed, and the prosecution or plaintiff goes second, after the defense, with no rebuttals.

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Either party may waive their opportunity to present a closing argument.

A waiver is the voluntary relinquishment or surrender of some known right or privilege.

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11

During closing arguments, counsel may not vouch for the credibility of witnesses, indicate their personal opinions of the case, comment on the absence of evidence that they themselves have caused to be excluded, or attempt to exhort the jury to irrational, emotional behavior.

A voucher is a bond of the redeemable transaction type which is worth a certain monetary value and which may be spent only for specific reasons or on specific goods.

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12

In some countries, in criminal cases, the defendant's counsel always makes his closing argument last, after the public prosecutor or any other party.

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Sometimes the defendant is allowed to address the court directly after his or her counsel's closing argument.

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14

In a criminal law case, the prosecution will restate all the evidence which helps prove each element of the offence.

Criminal law or Penal law is the body of law that relates to crime.

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In the USA, there are often several limits as to what the prosecution may or may not say, including precluding the prosecution from using a defendant's exercise of his Fifth Amendment right to silence as evidence of guilt.

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One of the most important restrictions on prosecutors, however, is against shifting the burden of proof, or implying that the defense must put on evidence or somehow prove the innocence of the defendant.

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In some cases, a judge's presentation of the jury instruction is also known as summing up.

Jury instructions are the set of legal rules that jurors ought follow when deciding a case.

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In this case, the judge is merely articulating the law and questions of fact upon which the jury is asked to deliberate.

Deliberation is a process of thoughtfully weighing options, usually prior to voting.

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The purposes and techniques of closing argument are taught in courses on Trial Advocacy.

Trial advocacy is the branch of knowledge concerned with making attorneys and other advocates more effective in trial proceedings.

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20

The closing is often planned early in the trial planning process.

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