This document provides guidance on an effective closing argument. It discusses selecting powerful arguments tailored to the jury, organizing the argument around the key issues, developing points with clear statements and support, and delivering the argument extemporaneously while speaking directly to the jury. The goal is to persuasively analyze the factual disputes and legal issues through creative interpretation of the evidence and inferences.
This document outlines the structure and procedures of formal debate. It discusses the roles of each speaker, including presenting arguments, rebuttals, and summaries. Formal debates have strict rules and involve arguing a motion using logic over shouting. Speakers must make their points within time limits and accept questions from other participants to defend their arguments. The goal is a structured competition of ideas, with both sides aiming to logically prove their resolution is the stronger position.
This legal memorandum analyzes whether there was a valid contract between BMI and Minicom, and if there was a breach of contract. It determines that a valid contract existed based on written confirmations exchanged by the parties referring to goods, price, and their usual agreement. It also finds that BMI breached the contract by failing to ensure shipment as agreed and failing to deliver goods by the specified date, while Minicom properly rejected nonconforming goods and notified BMI of deficiencies.
document consist of the following:
NEGOTIATION process, OTHER NEGOTIATION STYLES, APPROACHES TO NEGOTIATION, PRINCIPLES OF NEGOTIATION, SKILLS REQUIRED FOR NEGOTIATION, Role of Emotions in Negotiation, NEGOTIABLE INSTRUMENT and NON NEGOTIABLE INSTRUMENT
DPP3 - 6. LA IMPUGNACIÓN Y REHABILITACIÓN DE TESTIGOS.pptxfrida482601
Este documento describe las técnicas de impugnación y rehabilitación de testigos. Explica cómo impugnar la credibilidad de un testigo mediante inconsistencias, omisiones, prejuicios u otros factores. También detalla métodos para desacreditar un testigo durante el contrainterrogatorio y rehabilitarlo posteriormente mediante explicaciones, pruebas consistentes, corroboración u otras medidas. El objetivo es debilitar el testimonio de un testigo adverso y restaurar la credibilidad de testigos propios durante un juicio.
This document provides instructions on how to debate effectively. It discusses what a debate is, why people debate, and basic debating skills. The skills covered include style, speed, tone, volume, clarity, use of notes, eye contact, content, case structure, and rebuttal techniques. The document emphasizes the importance of presenting arguments in a clear, logical, and evidence-based manner while also engaging with the audience. Debates involve structuring an argument, supporting various positions, and systematically addressing opposing views.
This document provides guidance on creating effective introductions and conclusions for speeches. It outlines techniques for gaining audience attention in introductions, such as relating to the audience, stating the importance of the topic, or starting with a quote. The conclusion should signal the end of the speech and reinforce the central idea through summarizing main points or ending with a dramatic statement.
The document discusses ethical persuasion and persuasive presentations. It defines persuasion as motivating voluntary belief, attitude, or behavior change through communication. Unlike coercion, persuasion allows the audience to choose whether to accept the message. The document also outlines four categories of persuasive presentations: sales presentations, proposals, motivational speeches, and goodwill speeches. It provides strategies for effective persuasion, including appealing to audience needs and presenting ample evidence to support claims. The document discusses organizing persuasive messages and maximizing speaker credibility.
Argumentation and debate originated in ancient Greece, with figures like Protagoras and Socrates developing early techniques. It later spread to Rome and other parts of Europe. In the Philippines, Spanish colonists introduced forms like balagtasan, while American occupation popularized forensic debating based on the Oxford format. The document then highlights the achievements of the 1928 UP debating team, which toured the US and defeated 15 universities while arguing for Philippine independence. Their success demonstrated the strong tradition of argumentation and debate in the Philippines.
This document outlines the structure and procedures of formal debate. It discusses the roles of each speaker, including presenting arguments, rebuttals, and summaries. Formal debates have strict rules and involve arguing a motion using logic over shouting. Speakers must make their points within time limits and accept questions from other participants to defend their arguments. The goal is a structured competition of ideas, with both sides aiming to logically prove their resolution is the stronger position.
This legal memorandum analyzes whether there was a valid contract between BMI and Minicom, and if there was a breach of contract. It determines that a valid contract existed based on written confirmations exchanged by the parties referring to goods, price, and their usual agreement. It also finds that BMI breached the contract by failing to ensure shipment as agreed and failing to deliver goods by the specified date, while Minicom properly rejected nonconforming goods and notified BMI of deficiencies.
document consist of the following:
NEGOTIATION process, OTHER NEGOTIATION STYLES, APPROACHES TO NEGOTIATION, PRINCIPLES OF NEGOTIATION, SKILLS REQUIRED FOR NEGOTIATION, Role of Emotions in Negotiation, NEGOTIABLE INSTRUMENT and NON NEGOTIABLE INSTRUMENT
DPP3 - 6. LA IMPUGNACIÓN Y REHABILITACIÓN DE TESTIGOS.pptxfrida482601
Este documento describe las técnicas de impugnación y rehabilitación de testigos. Explica cómo impugnar la credibilidad de un testigo mediante inconsistencias, omisiones, prejuicios u otros factores. También detalla métodos para desacreditar un testigo durante el contrainterrogatorio y rehabilitarlo posteriormente mediante explicaciones, pruebas consistentes, corroboración u otras medidas. El objetivo es debilitar el testimonio de un testigo adverso y restaurar la credibilidad de testigos propios durante un juicio.
This document provides instructions on how to debate effectively. It discusses what a debate is, why people debate, and basic debating skills. The skills covered include style, speed, tone, volume, clarity, use of notes, eye contact, content, case structure, and rebuttal techniques. The document emphasizes the importance of presenting arguments in a clear, logical, and evidence-based manner while also engaging with the audience. Debates involve structuring an argument, supporting various positions, and systematically addressing opposing views.
This document provides guidance on creating effective introductions and conclusions for speeches. It outlines techniques for gaining audience attention in introductions, such as relating to the audience, stating the importance of the topic, or starting with a quote. The conclusion should signal the end of the speech and reinforce the central idea through summarizing main points or ending with a dramatic statement.
The document discusses ethical persuasion and persuasive presentations. It defines persuasion as motivating voluntary belief, attitude, or behavior change through communication. Unlike coercion, persuasion allows the audience to choose whether to accept the message. The document also outlines four categories of persuasive presentations: sales presentations, proposals, motivational speeches, and goodwill speeches. It provides strategies for effective persuasion, including appealing to audience needs and presenting ample evidence to support claims. The document discusses organizing persuasive messages and maximizing speaker credibility.
Argumentation and debate originated in ancient Greece, with figures like Protagoras and Socrates developing early techniques. It later spread to Rome and other parts of Europe. In the Philippines, Spanish colonists introduced forms like balagtasan, while American occupation popularized forensic debating based on the Oxford format. The document then highlights the achievements of the 1928 UP debating team, which toured the US and defeated 15 universities while arguing for Philippine independence. Their success demonstrated the strong tradition of argumentation and debate in the Philippines.
An argument consists of a main claim supported by reasons and evidence. Specifically, it should present a conclusion based on reasons and supporting evidence that justify the main claim. A strong argument follows the structure of stating the conclusion, then the main claim, and finally providing the supporting reasons and evidence to substantiate the claim.
This document provides techniques and tips for effective impromptu speaking. It recommends listening carefully to the question, taking time to think before speaking, and telling your story in a structured manner with a clear beginning, middle, and end. Specific tips include pausing to formulate thoughts, asking for clarification, focusing on one or two main points, using examples, and ending strongly by restating the main ideas. Structuring the response by addressing causes and effects, breaking the topic into components, or discussing the past, present and future can also help deliver the message in a clear and impactful way. Regular practice of these impromptu speaking skills is emphasized.
The programme will provide the participants with the necessary skills to help them negotiate effectively, and at the same time maintain good relationships with their counterparts.
By the end of the 2-hour workshop, participants will be able to:
Apply the necessary negotiation tactics depending on the situation
Adjust their behaviour and style depending on who they are negotiating with
Avoid errors and traps that lead to dead ends in negotiations
Sample opposition to motion to dismiss under rule 12(b)(6)LegalDocsPro
This document is an opposition to a motion to dismiss a complaint filed in a bankruptcy case. It argues that the plaintiff's complaint alleges sufficient facts to state a valid cause of action under Section 523(a)(2) of the Bankruptcy Code for non-dischargeability of debt based on false representations made by the defendant. The opposition contends the complaint satisfies the particularity requirements to plead fraud by identifying the alleged false statements, when and where they were made. It asks the court to deny the motion to dismiss as the plaintiff may be able to prove facts entitling them to relief.
El documento discute la fundamentación fáctica y jurídica de las resoluciones judiciales. En menos de 3 oraciones: 1) Explica que la motivación de las resoluciones judiciales es un requisito legal y sirve para legitimar las decisiones del poder judicial y permitir el control democrático. 2) Señala que el Código Procesal Penal Dominicano y otras normativas internacionales exigen la motivación de distintos tipos de resoluciones judiciales. 3) Indica que en ciertos casos como cuando se afectan derechos fundamentales, se requ
Abogado: Procedimiento Disciplinario. Código de 2007. C.D.A.lorgaleras3
Este documento describe el procedimiento disciplinario contra abogados en Colombia según el Código Disciplinario de los Abogados de 2007. Explica que es un proceso jurisdiccional que se lleva a cabo ante las salas disciplinarias de los Consejos Seccionales y Superior de la Judicatura, y consta de varias etapas como la audiencia de iniciación, audiencia de pruebas, y audiencia de juzgamiento. También describe los sujetos procesales como el investigado, Ministerio Público y quejoso, y las pos
The Monash Association of Debaters (MAD) Member Training Program 2010 presents:
INTRODUCTION TO UNIVERSITY DEBATING
by Viv Jones, Top-10 Speaker and Semi-Finalist at the 2009 Australasian Intervarsity Debating Championships and Nita Rao, Semi-Finalist at the 2009 Australasian Intervarsity Debating Championships.
An introduction to debating at university, introducing the 3-on-3 debate format before moving on to general discussion about the importance of matter, manner and method in debates. Also covers definitions and a number of useful tips.
Presented as session 1, semester 1 in the Novice Stream and session 2, semester 1 in the Beginner Stream.
The Negotiation Process Four Stages {Lecture Notes}FellowBuddy.com
FellowBuddy.com is an innovative platform that brings students together to share notes, exam papers, study guides, project reports and presentation for upcoming exams.
We connect Students who have an understanding of course material with Students who need help.
Benefits:-
# Students can catch up on notes they missed because of an absence.
# Underachievers can find peer developed notes that break down lecture and study material in a way that they can understand
# Students can earn better grades, save time and study effectively
Our Vision & Mission – Simplifying Students Life
Our Belief – “The great breakthrough in your life comes when you realize it, that you can learn anything you need to learn; to accomplish any goal that you have set for yourself. This means there are no limits on what you can be, have or do.”
Like Us - https://www.facebook.com/FellowBuddycom
13 memorial-de-ofrecimiento-de-pruebas-del-fiscal-julio-25-20061Mario Vico
El fiscal Héctor Berducido presenta ante el tribunal testigos, peritos y documentos relacionados con el caso penal 145-2007 sobre narcotráfico y delitos ambientales. Propone dos testigos y un perito balístico para que declaren sobre la discusión, disparos y huida del imputado. También solicita que se incorporen documentos como la partida de defunción de la víctima y el reconocimiento judicial grabado. El fiscal pide que se admita la prueba ofrecida y se fije fecha para el juicio oral.
El documento describe los cinco planos o aspectos básicos que deben tomarse en cuenta para la correcta estructuración de una sentencia judicial. Estos planos son: el plano fáctico, el cual implica estudiar los hechos del caso para deducir consecuencias jurídicas; el plano regulatorio, que consiste en determinar las normas jurídicas aplicables; el plano lógico, mediante el cual se realiza un razonamiento lógico para interpretar la norma e aplicarla a los hechos; el plano lingüístico,
The document discusses the concepts and techniques of power negotiating. It defines power negotiating as winning at the negotiating table while making the other person feel they have won. Some key points covered include overstating initial demands to establish a higher baseline, using techniques like "why not" to apply pressure, developing alternatives to increase leverage, understanding different sources of power, and adjusting approaches for cross-cultural negotiations. A case study example demonstrates how understanding negotiation strategies is important to avoid being taken advantage of in discussions.
Este documento describe la teoría del caso y la audiencia de juicio oral. Explica que la audiencia de juicio oral es el punto culminante del proceso penal donde se presentan las pruebas y se resuelve el conflicto penal. También describe la teoría del caso como la historia simple y lógica de lo que ocurrió, articulada a partir de los hechos relevantes, las pruebas, y la participación de los imputados. Explica que la teoría del caso guía la estrategia y la presentación de argumentos durante todo el proceso.
This document discusses the key components of intercultural negotiations. It identifies several factors that affect intercultural negotiations, including cultural noise, national culture, power and authority, perception, interpreters, gender, environment, and relationships. It also examines negotiation styles across different cultures like the US, China, Japan, and others. Effective negotiators are described as observant, adaptable, good listeners, and able to ascertain different cultural perspectives.
ENJ-100 Módulo 4 - Curso Razonamiento, Argumentación y Estructuración de las ...ENJ
Este documento discute las patologías de las decisiones judiciales. Explica que la motivación de las sentencias es importante para permitir el control de otras jurisdicciones y para que los justiciables comprendan la decisión. También cubre los requisitos lógicos de la motivación, como la justificación interna y externa, y las diferentes formas de argumentación como la subsunción y la ponderación.
Debate is a formal argumentative contest between individuals or teams that aims to persuade others of a position. It teaches skills like critical thinking, teamwork, research, and the ability to think on one's feet. A debate involves presenting structured arguments and rebuttals on a given topic. To run an effective debate, the organizer should clarify participants and structure, maintain a respectful environment, and ensure all sides have a chance to present their views before reaching a conclusion. Debate skills are also valuable for business, teaching how to communicate positions, make tough decisions under pressure, and understand different perspectives.
The document outlines Samuel Huntington's Clash of Civilizations theory, which predicts conflicts will occur along cultural and religious lines between major civilizations like Western, Islamic, Orthodox, Hindu, and Sinic. It discusses reasons cultures may clash, including differences, a smaller world with more interactions, and dual role of the West. It also examines specific Western-Islamic conflicts, Islamophobia, and efforts for intercultural dialogue. Barriers to coexistence include socio-political factors, communication challenges, and economic gaps between civilizations.
international and cross-culture NegotiationDreams Design
The document discusses factors that make international negotiations different from domestic negotiations. It describes two contexts that influence international negotiations: the environmental context and immediate context. The environmental context includes factors outside negotiators' control like political/legal pluralism and culture. The immediate context includes factors negotiators have some influence over like bargaining power and relationships. The document also examines how culture, such as individualism/collectivism and power distance, shapes negotiations between parties from different cultures. Finally, it proposes strategies for cross-cultural negotiations based on a negotiator's familiarity with the other party's culture.
This document summarizes key aspects of mediation as an alternative dispute resolution process. It discusses the role of mediators, styles of mediation, codes of conduct for mediators, stages of the mediation process, and techniques for managing conflict escalation. The document also contrasts mediation with counseling and outlines common sources and types of conflicts that may be addressed through mediation.
This document contains 26 interrogatories from the plaintiff Adam Sharp to the defendant AAA Trucking Inc. regarding a lawsuit over an incident. The interrogatories request information such as names and contact details of witnesses, investigations conducted, admissions or statements made, insurance policies in place, the defendant's knowledge of how the incident occurred, and details of the plaintiff Paul Williams' medical history and claimed injuries and damages. The defendant is instructed to provide sworn answers to the interrogatories pursuant to the rules of civil procedure.
Why do you need to write your Argumentative Essay Outline? You can find out the answer after watching this presentation. We also recommend to read an article https://www.youtube.com/watch?v=NksUxKaaEyU&feature=youtu.be
The document outlines the 12 key stages in the pre-trial process for a criminal case in New Jersey Superior Court. These include (1) being hired, (2) reviewing the criminal complaints and statutes, (3) meeting the client, (4) filing bail motions if needed, (5) speaking to the prosecutor about potential plea deals, (6) dealing with indictments from grand juries if no plea is reached, (7) attending required court appearances post-indictment, (8) receiving discovery materials from the prosecutor, (9) analyzing the case materials, (10) organizing defense strategies, (11) continuing plea negotiations or preparing for trial, and (12) determining if any pre-trial motions
The document outlines the key stages of a jury trial: (1) Jury selection where potential jurors are questioned to determine biases, (2) Opening statements where each side presents their version of events, (3) The prosecution presents evidence through witness testimony and physical evidence, (4) The defense can present a case and the defendant can testify, (5) Closing arguments where each side summarizes the evidence for the jury, (6) Jury deliberations where the jury decides on a verdict, and (7) If convicted, sentencing and the opportunity for appeal.
An argument consists of a main claim supported by reasons and evidence. Specifically, it should present a conclusion based on reasons and supporting evidence that justify the main claim. A strong argument follows the structure of stating the conclusion, then the main claim, and finally providing the supporting reasons and evidence to substantiate the claim.
This document provides techniques and tips for effective impromptu speaking. It recommends listening carefully to the question, taking time to think before speaking, and telling your story in a structured manner with a clear beginning, middle, and end. Specific tips include pausing to formulate thoughts, asking for clarification, focusing on one or two main points, using examples, and ending strongly by restating the main ideas. Structuring the response by addressing causes and effects, breaking the topic into components, or discussing the past, present and future can also help deliver the message in a clear and impactful way. Regular practice of these impromptu speaking skills is emphasized.
The programme will provide the participants with the necessary skills to help them negotiate effectively, and at the same time maintain good relationships with their counterparts.
By the end of the 2-hour workshop, participants will be able to:
Apply the necessary negotiation tactics depending on the situation
Adjust their behaviour and style depending on who they are negotiating with
Avoid errors and traps that lead to dead ends in negotiations
Sample opposition to motion to dismiss under rule 12(b)(6)LegalDocsPro
This document is an opposition to a motion to dismiss a complaint filed in a bankruptcy case. It argues that the plaintiff's complaint alleges sufficient facts to state a valid cause of action under Section 523(a)(2) of the Bankruptcy Code for non-dischargeability of debt based on false representations made by the defendant. The opposition contends the complaint satisfies the particularity requirements to plead fraud by identifying the alleged false statements, when and where they were made. It asks the court to deny the motion to dismiss as the plaintiff may be able to prove facts entitling them to relief.
El documento discute la fundamentación fáctica y jurídica de las resoluciones judiciales. En menos de 3 oraciones: 1) Explica que la motivación de las resoluciones judiciales es un requisito legal y sirve para legitimar las decisiones del poder judicial y permitir el control democrático. 2) Señala que el Código Procesal Penal Dominicano y otras normativas internacionales exigen la motivación de distintos tipos de resoluciones judiciales. 3) Indica que en ciertos casos como cuando se afectan derechos fundamentales, se requ
Abogado: Procedimiento Disciplinario. Código de 2007. C.D.A.lorgaleras3
Este documento describe el procedimiento disciplinario contra abogados en Colombia según el Código Disciplinario de los Abogados de 2007. Explica que es un proceso jurisdiccional que se lleva a cabo ante las salas disciplinarias de los Consejos Seccionales y Superior de la Judicatura, y consta de varias etapas como la audiencia de iniciación, audiencia de pruebas, y audiencia de juzgamiento. También describe los sujetos procesales como el investigado, Ministerio Público y quejoso, y las pos
The Monash Association of Debaters (MAD) Member Training Program 2010 presents:
INTRODUCTION TO UNIVERSITY DEBATING
by Viv Jones, Top-10 Speaker and Semi-Finalist at the 2009 Australasian Intervarsity Debating Championships and Nita Rao, Semi-Finalist at the 2009 Australasian Intervarsity Debating Championships.
An introduction to debating at university, introducing the 3-on-3 debate format before moving on to general discussion about the importance of matter, manner and method in debates. Also covers definitions and a number of useful tips.
Presented as session 1, semester 1 in the Novice Stream and session 2, semester 1 in the Beginner Stream.
The Negotiation Process Four Stages {Lecture Notes}FellowBuddy.com
FellowBuddy.com is an innovative platform that brings students together to share notes, exam papers, study guides, project reports and presentation for upcoming exams.
We connect Students who have an understanding of course material with Students who need help.
Benefits:-
# Students can catch up on notes they missed because of an absence.
# Underachievers can find peer developed notes that break down lecture and study material in a way that they can understand
# Students can earn better grades, save time and study effectively
Our Vision & Mission – Simplifying Students Life
Our Belief – “The great breakthrough in your life comes when you realize it, that you can learn anything you need to learn; to accomplish any goal that you have set for yourself. This means there are no limits on what you can be, have or do.”
Like Us - https://www.facebook.com/FellowBuddycom
13 memorial-de-ofrecimiento-de-pruebas-del-fiscal-julio-25-20061Mario Vico
El fiscal Héctor Berducido presenta ante el tribunal testigos, peritos y documentos relacionados con el caso penal 145-2007 sobre narcotráfico y delitos ambientales. Propone dos testigos y un perito balístico para que declaren sobre la discusión, disparos y huida del imputado. También solicita que se incorporen documentos como la partida de defunción de la víctima y el reconocimiento judicial grabado. El fiscal pide que se admita la prueba ofrecida y se fije fecha para el juicio oral.
El documento describe los cinco planos o aspectos básicos que deben tomarse en cuenta para la correcta estructuración de una sentencia judicial. Estos planos son: el plano fáctico, el cual implica estudiar los hechos del caso para deducir consecuencias jurídicas; el plano regulatorio, que consiste en determinar las normas jurídicas aplicables; el plano lógico, mediante el cual se realiza un razonamiento lógico para interpretar la norma e aplicarla a los hechos; el plano lingüístico,
The document discusses the concepts and techniques of power negotiating. It defines power negotiating as winning at the negotiating table while making the other person feel they have won. Some key points covered include overstating initial demands to establish a higher baseline, using techniques like "why not" to apply pressure, developing alternatives to increase leverage, understanding different sources of power, and adjusting approaches for cross-cultural negotiations. A case study example demonstrates how understanding negotiation strategies is important to avoid being taken advantage of in discussions.
Este documento describe la teoría del caso y la audiencia de juicio oral. Explica que la audiencia de juicio oral es el punto culminante del proceso penal donde se presentan las pruebas y se resuelve el conflicto penal. También describe la teoría del caso como la historia simple y lógica de lo que ocurrió, articulada a partir de los hechos relevantes, las pruebas, y la participación de los imputados. Explica que la teoría del caso guía la estrategia y la presentación de argumentos durante todo el proceso.
This document discusses the key components of intercultural negotiations. It identifies several factors that affect intercultural negotiations, including cultural noise, national culture, power and authority, perception, interpreters, gender, environment, and relationships. It also examines negotiation styles across different cultures like the US, China, Japan, and others. Effective negotiators are described as observant, adaptable, good listeners, and able to ascertain different cultural perspectives.
ENJ-100 Módulo 4 - Curso Razonamiento, Argumentación y Estructuración de las ...ENJ
Este documento discute las patologías de las decisiones judiciales. Explica que la motivación de las sentencias es importante para permitir el control de otras jurisdicciones y para que los justiciables comprendan la decisión. También cubre los requisitos lógicos de la motivación, como la justificación interna y externa, y las diferentes formas de argumentación como la subsunción y la ponderación.
Debate is a formal argumentative contest between individuals or teams that aims to persuade others of a position. It teaches skills like critical thinking, teamwork, research, and the ability to think on one's feet. A debate involves presenting structured arguments and rebuttals on a given topic. To run an effective debate, the organizer should clarify participants and structure, maintain a respectful environment, and ensure all sides have a chance to present their views before reaching a conclusion. Debate skills are also valuable for business, teaching how to communicate positions, make tough decisions under pressure, and understand different perspectives.
The document outlines Samuel Huntington's Clash of Civilizations theory, which predicts conflicts will occur along cultural and religious lines between major civilizations like Western, Islamic, Orthodox, Hindu, and Sinic. It discusses reasons cultures may clash, including differences, a smaller world with more interactions, and dual role of the West. It also examines specific Western-Islamic conflicts, Islamophobia, and efforts for intercultural dialogue. Barriers to coexistence include socio-political factors, communication challenges, and economic gaps between civilizations.
international and cross-culture NegotiationDreams Design
The document discusses factors that make international negotiations different from domestic negotiations. It describes two contexts that influence international negotiations: the environmental context and immediate context. The environmental context includes factors outside negotiators' control like political/legal pluralism and culture. The immediate context includes factors negotiators have some influence over like bargaining power and relationships. The document also examines how culture, such as individualism/collectivism and power distance, shapes negotiations between parties from different cultures. Finally, it proposes strategies for cross-cultural negotiations based on a negotiator's familiarity with the other party's culture.
This document summarizes key aspects of mediation as an alternative dispute resolution process. It discusses the role of mediators, styles of mediation, codes of conduct for mediators, stages of the mediation process, and techniques for managing conflict escalation. The document also contrasts mediation with counseling and outlines common sources and types of conflicts that may be addressed through mediation.
This document contains 26 interrogatories from the plaintiff Adam Sharp to the defendant AAA Trucking Inc. regarding a lawsuit over an incident. The interrogatories request information such as names and contact details of witnesses, investigations conducted, admissions or statements made, insurance policies in place, the defendant's knowledge of how the incident occurred, and details of the plaintiff Paul Williams' medical history and claimed injuries and damages. The defendant is instructed to provide sworn answers to the interrogatories pursuant to the rules of civil procedure.
Why do you need to write your Argumentative Essay Outline? You can find out the answer after watching this presentation. We also recommend to read an article https://www.youtube.com/watch?v=NksUxKaaEyU&feature=youtu.be
The document outlines the 12 key stages in the pre-trial process for a criminal case in New Jersey Superior Court. These include (1) being hired, (2) reviewing the criminal complaints and statutes, (3) meeting the client, (4) filing bail motions if needed, (5) speaking to the prosecutor about potential plea deals, (6) dealing with indictments from grand juries if no plea is reached, (7) attending required court appearances post-indictment, (8) receiving discovery materials from the prosecutor, (9) analyzing the case materials, (10) organizing defense strategies, (11) continuing plea negotiations or preparing for trial, and (12) determining if any pre-trial motions
The document outlines the key stages of a jury trial: (1) Jury selection where potential jurors are questioned to determine biases, (2) Opening statements where each side presents their version of events, (3) The prosecution presents evidence through witness testimony and physical evidence, (4) The defense can present a case and the defendant can testify, (5) Closing arguments where each side summarizes the evidence for the jury, (6) Jury deliberations where the jury decides on a verdict, and (7) If convicted, sentencing and the opportunity for appeal.
This document provides tips and techniques for closing sales. It discusses what closing a sale entails, which is getting the buyer to agree to or commit to a deal. Some key tips for closing a sale discussed are tuning into buying signals from the customer, using silence effectively after asking a closing question, helping the customer make a decision, using the right closing vocabulary, and ensuring the sale is properly closed. It emphasizes the importance of closing as a critical part of the selling process.
This document discusses strategies for cross-examining expert witnesses. It emphasizes the importance of thorough preparation, including investigating the expert's credentials and potential biases, learning the relevant terminology, retaining one's own expert, and using things like demonstrative aids and learned treatises. The document provides examples of effective cross-examinations from cases and outlines ten principles for preparing to cross-examine an expert witness.
This document provides tips and techniques for successfully closing sales. It discusses when is the right time to close a sale based on buyer signals. It also covers overcoming objections by using multiple closes and asking questions. Finally, it outlines 12 keys to closing a sale, including being enthusiastic, confirming needs, overcoming objections, summarizing benefits, and asking for the order.
This document provides techniques for improving sales closing skills. It discusses that enthusiasm, belief in the product, and persistence are key to success. Specific closing techniques include finding the "hot button" benefit for each customer, using suggestive language to imply the purchase decision has been made, inviting customers to "give it a try", and telling relevant stories about how others benefited from the product. Qualifying customers and addressing their fears around purchase decisions are also important. The overall message is that sales is a skill developed through practice of different closing approaches.
Documenting Your Workplace Investigation: Protect Your Case and Your Organiza...Case IQ
Investigations depend on collecting and analyzing evidence. Documentation is an important part of any workplace investigation. It is used to record who said what and when, to outline issues and investigation steps, to synthesize evidence and ensure nothing falls through the cracks. The final report is where all the pieces come together. But many investigators aren’t sure how to best document their investigations. They write notes without knowing what to record and what to leave out and cobble together reports with no plan or organization.
Join Meric Bloch as he outlines best practices for documenting workplace investigations.
This document discusses the "chapter method" of cross-examination. It defines a chapter as a series of leading questions designed to accomplish a specific goal, such as proving a fact, undermining credibility, or supporting one's theory of the case. The chapter method divides complex cases or topics into understandable parts for the jury through organizing questions into "chapters" focused on related facts. It allows the cross-examiner to control what topics are discussed and present the best evidence in a clear, compelling way to help the jury reach conclusions favorable to the cross-examiner's case. Developing effective chapters requires thoroughly analyzing facts to identify the most important topics and issues, and crafting narrow, fact-based questions for each chapter
A overview of how, when, and why to debate for beginners with no formal training or prior experience of debating, written by Tony Koutsoumbos of the Great Debaters Club
Anatomy of a Trial (Series: Newbie Litigator School 101 - Part 1)Financial Poise
This webinar’s focus is on the “nuts and bolts” of a civil trial. Panelists discuss witness preparation, the selection and presentation of exhibits, motions in limine, opening statements, direct and cross-examination, and closing arguments. They will also address issues that often arise during trials and how best to present a case to the finder of fact.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/anatomy-of-a-trial-2021/
The document discusses decision making and evaluation for small businesses. It outlines a process that includes pinpointing the issue requiring a decision, determining potential solutions, implementing the chosen decision, and evaluating its effectiveness. Business owners are advised to carefully consider all aspects of a decision and its impacts before implementing changes. The evaluation stage involves gathering feedback through surveys to assess whether decisions are achieving their goals.
The document discusses techniques for interviewing clients as a lawyer. It begins by outlining the key stages of client interviewing: preliminarily identifying the problem, getting a chronological overview of events from the client, and developing and verifying legal theories based on the client's account. It then discusses types of questioning that can be used, including open-ended questions to allow the client to provide information freely, and closed or leading questions to obtain specific details. The document emphasizes the importance of active listening skills like reflecting back what the client says to confirm understanding. The goal of the interview is to fully understand the client's legal problem and potential claims or defenses.
ADR & Settlement (Series: Newbie Litigator School 101 - Part 1)Financial Poise
Many cases are litigated outside of the court system through the use of alternative dispute resolution methods such as arbitration, and the vast majority of cases settle before they reach trial, either as a result of the parties’ efforts or with the help of a mediator. This webinar covers the basics of arbitration and mediation, presenting an effective case to a neutral third party, and negotiating and documenting a successful settlement, either directly or with a mediator’s assistance.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/adr-settlement-2021/
NEWBIE LITIGATOR SCHOOL- PART II 2022 - ADR & Settlement Financial Poise
Many cases are litigated outside of the court system through the use of alternative dispute resolution methods such as arbitration, and the vast majority of cases settle before they reach trial, either as a result of the parties’ efforts or with the help of a mediator. This webinar covers the basics of arbitration and mediation, presenting an effective case to a neutral third party, and negotiating and documenting a successful settlement, either directly or with a mediator’s assistance.
Part of the webinar series: NEWBIE LITIGATOR SCHOOL- 101 PART II 2022
See more at https://www.financialpoise.com/webinars/
This presentation was part of a workshop carried out in Department of Law & Justice in Jahangirnagar University where law students were briefed on the basics of moot court related activities.
Investigation Report Writing: A Nuts and Bolts ApproachRandall Tam
Many investigation reports are written poorly because investigators simply don’t know what to include. Poorly written reports provide little value and may even increase a company’s legal risk. A well written investigation report presents the right information, includes careful analysis and reaches a conclusion.
Meric Bloch, author, trainer, speaker and Principal of Winter Compliance, as he outlines the fundamentals of writing investigation reports.
You will learn:
-What information to include and how to include it
-How to assess witness credibility
-Strategies for evaluating proof
-How to present findings
-How to avoid the most common report writing mistakes
Investigation Report Writing: A Nuts and Bolts ApproachCase IQ
Many investigation reports are written poorly because investigators simply don’t know what to include. Poorly written reports provide little value and may even increase a company’s legal risk. A well written investigation report presents the right information, includes careful analysis and reaches a conclusion.
Meric Bloch, author, trainer, speaker and Principal of Winter Compliance, as he outlines the fundamentals of writing investigation reports.
You will learn:
-What information to include and how to include it
-How to assess witness credibility
-Strategies for evaluating proof
-How to present findings
-How to avoid the most common report writing mistakes
This document provides information about debates, including what a debate is, the structure of formal debates, important elements and strategies for debates. It discusses that a debate involves two sides discussing a resolution, with one side supporting and one opposing. It emphasizes that the goal is to improve arguments, not raise voices. Key parts of debates are identified as the parties, speeches, judge and decision. Central elements of arguments are outlined as perspective, development, exchange of ideas, refutation and defense. The document provides guidance on preparing for and participating in debates.
This document provides guidance on organizing and delivering an effective persuasive speech. It discusses adapting a speech to different audience types, such as favorable, neutral, apathetic, or hostile audiences. It also covers the different types of appeals - pathos, ethos, and logos - that can be used to influence an audience. Methods of persuasion include enhancing one's credibility, using evidence, employing logical reasoning, and appealing to emotions. Various organizational patterns and techniques are presented, such as Monroe's Motivated Sequence, to structure a persuasive speech.
Investigating Misconduct: Reaching a Decision and Determining Root CausesCase IQ
This document discusses best practices for conducting workplace investigations and determining root causes. It outlines the key elements of a thorough investigation, including debriefing involved parties, gathering and analyzing evidence, and assessing credibility. When making a determination, the investigator should have proof for each policy element and close any gaps. There are three potential conclusions: substantiated, unsubstantiated, or inconclusive. Root cause analysis seeks to understand why the misconduct occurred by examining multiple contributing factors beyond any one individual, such as organizational systems involving people, methods, policies, management, and communication. Identifying all potential causes can help prevent recurrence.
This document provides an overview of argumentation and the key components of constructing an effective argument. It discusses logos, ethos, and pathos as the rhetorical appeals an argument should utilize. Logos involves using facts, statistics, and evidence to support one's viewpoint. Ethos establishes the author's credibility, and pathos appeals to the reader's emotions. The document also covers inductive vs deductive reasoning, common fallacies to avoid, and how to structure an argument with a clear thesis, introduction, body, and conclusion. Overall, the key is to consider multiple perspectives, support your position with sound evidence, and address your audience respectfully.
The document defines argumentation as the process of forming reasons and conclusions to apply to a discussion, as well as convincing others of one's ideas. It describes argumentation as constructing and evaluating chains of reasons to support a claim. The forum of argumentation involves two appointed speakers presenting their positions, followed by open discussion where others can challenge or clarify the claims, with speakers given time to supplement or alter their statements. The goal of argumentation is to discover truth and ideas, not to "win" arguments.
This document provides an overview of negotiation concepts and best practices. It defines negotiation as a communication process where two parties try to reach an agreement on an issue of common concern while representing their own viewpoints and objectives. The document then discusses characteristics of negotiation such as conflicting interests and interdependence between parties. It also covers culture-specific negotiation styles, why negotiations are important for organizations, and qualities of an effective negotiator. The remainder of the document outlines steps for effective planning and preparation, including framing issues, setting negotiation norms, presenting facts, and addressing potential barriers. It concludes by discussing competitive and collaborative negotiation approaches and the importance of communication.
Case Study 10.1 Introduction to the Case Study Introduction to.docxtidwellveronique
Case Study / 10.1 Introduction to the Case Study
Introduction to the Case Study
This last chapter is different from the others. Instead of introducing a new area of critical thinking, it is a capstone activity in which you will apply the skills you've learned to one contemporary, controversial issue.
The topic for this case study is global climate change. Because it is beyond the scope of this course to thoroughly evaluate a complex scientific topic, you will not be expected to form a position or offer your opinion on this topic. Rather, the material in this chapter is presented for you to practice evaluating arguments, identifying fallacies, and questioning sources—with the hope that you will continue to apply these skills whenever you encounter material aimed to persuade.
This chapter won't present any new exposition. Instead, we provide some relevant review notes that have been excerpted from the earlier chapters. You can consult these notes if you need a refresher as you work through the final videos, articles, and questions in the course.
REVIEW NOTES
Arguments
To say that something is true is to make a claim. But to give reasons to believe that it is true is to make an argument. Thus all arguments consist of at least two parts:
1. premise – one or more reasons to support the claim
2. conclusion – the claim being supported
Common Fallacies
Fallacy:a type of flawed reasoning
1. Begging the question: fallacy where the argument relies on a premise that resembles the conclusion, depends on the conclusion, or is as controversial as the conclusion.
2. Appeal to popularity: fallacy where the arguer attempts to bolster his or her argument by mentioning that "everybody" (or a large group of people) shares the same belief, preference, or habit.
3. Post hoc ergo propter hoc: fallacy where the arguer assumes that because there is a correlation between two events (i.e., one preceded the other), then the first must have caused the second. The phrase is Latin for "after this, therefore because of this."
4. Appeal to ignorance: fallacy where the arguer claims that because something cannot be proven false, it must be true unless the opponent can disprove the conclusion.
5. Appeal to emotion: fallacy where the arguer tries to persuade the audience by arousing feelings such as pity, fear, patriotism, flattery, etc. in lieu of presenting rational arguments.
6. Unqualified authority: fallacy where the arguer tries to get people to agree by appealing to the reputation of someone who is not an expert in the field or otherwise qualified to prove that something is true.
7. Ad hominem: fallacy where the arguer attacks his or her opponent's personal characteristics, qualifications, or circumstances instead of the argument presented. The phrase is Latin for "to the man."
8. False dichotomy: fallacy where the arguer inaccurately portrays a circumstance as having a limited number of possible outcomes, thus setting up an either-or situation with the intent of prese ...
This document provides guidance on organizing and delivering an effective persuasive speech. It discusses that the goal of a persuasive speech is to influence the audience's thoughts, feelings, actions or attitudes. It then lists several qualities that guide an effective persuasive speech, such as having a well-defined goal, clear main point, sufficient supporting ideas, and logical reasoning. It also discusses different types of persuasive speech claims and effective methods and techniques to persuade an audience, including enhancing credibility, using evidence and reasoning, and emotional appeals.
Evidential issues are questions of law. By ruling on motions and objections, the judge determines what evidence may be presented to and considered by the jury. Judges apply the rules of evidence to determine whether to admit or exclude physical evidence, oral testimony, and exhibits. Once admitted, the jury decides how much weight to afford the evidence.
The rules of evidence permit only that which is deemed relevant and trustworthy to be received by the jury.
This presentation will provide you with a comprehensive review of the rules of evidence that come up most frequently. With memorable hypotheticals to trigger fast recall, you'll be able to think fast on your feet and use the rules to your advantage, both before and during trial.
This document discusses the importance of storytelling in the courtroom. It begins with a personal story of the author's experience with fear and vulnerability during a closing argument. It then discusses how storytelling is a powerful persuasive tool that taps into human nature. Effective trial advocacy requires presenting a compelling narrative framework for the jury to interpret the evidence. Without a story, the jury may judge the client only on the bare facts of the alleged crime. Storytelling helps the jury empathize with the client and leaves them understanding why the client acted as they did. It elevates the credibility of the attorney. To be effective trial lawyers, we must embrace storytelling techniques.
Course Description
If you own or manage a business that uses independent contractors, you need to know when you can or cannot treat a worker as an independent contractor. This presentation answers some of the common questions about worker classification.
INTRODUCTION
Misclassification of employees as independent contractors is now a common phrase uttered by state and federal legislators and regulators. State task forces have been formed to crack down on businesses that do not pay unemployment insurance and workers’ compensation premiums or withhold taxes for workers whom the state believes are employees and not independent contractors.
In one of the climactic scenes from 1954’s On The Waterfront, Crime Commission prosecutors had to make their corruption case against union boss Johnny Friendly (a/k/a Michael Skelly) by convincing a reticent yet pure-hearted Terry Malloy to come forward and tell what he knew about corruption in the International Longshoremen’s Association, beginning with the murder of Joey Doyle, because an underling insisted that “we were robbed last night and can’t find no books.”
If that same case came up in 21st Century tax court, Eva Marie Saint and Karl Malden could’ve stayed at home rather than serving as Marlon Brando’s cheering section, because government prosecutors could reconstruct the ILA’s income, based on the records retention requirements in Section 6500 et seq.
In other words, the conventional wisdom that only divine beings can create something out of nothing does not apply in income tax evasion cases. Is it enough for the government to pull a metaphorical rabbit out of a metaphorical hat, or are there some additional requirements?
The document outlines a 5-step bullet proof checklist for challenging a search or seizure under the Fourth Amendment: 1) Is there a state actor? 2) Does the defendant have standing? 3) Did the search implicate a person, place, paper or effect? 4) Did the search constitute a search under the Fourth Amendment? 5) Was the search reasonable or did a valid exception apply? It discusses factors for each step such as whether a private search was really a government search, what gives a defendant standing, what constitutes a search, the warrant requirements and exceptions, and rules for warrant execution.
The document discusses the "Word Repetition Exercise", an acting technique developed by Sanford Meisner. The exercise trains actors to truly listen and observe their scene partner by repeating back anything their partner says to them verbatim, changing only the pronoun. This builds the skills of listening, observing subtle changes, and responding instinctually without thinking. The repetition can organically change when one actor shares an honest response, has a reaction to the accumulation of words, expresses their point of view, or responds to a change in their partner's behavior. Actors are encouraged to fully commit, follow their impulses without censoring themselves, and truly connect with their partner.
This multi-step summary outlines the process for determining rights and obligations in a contractual agreement. Step 1 examines if there is a present assignment and if it is valid. Step 2 looks at if the assignment alters the original agreement. Step 3 checks for revocation of the assignment. Step 4 establishes who has rights if the assignment is valid. Step 5
In this presentation, I walk you through a fictitious contracts fact pattern identifying all of the issues along the way and applying the rule of law to the facts in order to demonstrate how a judge would rule.
This document discusses defenses to getting out of a contract you don't want to be in. It outlines four categories of defenses: (1) those centered on the form of the bargain, (2) those based on a party's lack of capacity, (3) those regarding the content of the bargain, and (4) those arising from unfair tactics used during bargaining. Within each category, it provides examples of specific defenses like the statute of frauds or mental incapacity, and explains how they can preclude contract formation or make obligations voidable. The document aims to identify potential defenses that could allow one to avoid contractual duties.
This document provides guidance on how to draft an airtight contract. It discusses the key elements needed to establish a legally binding agreement, including offer, acceptance, clear terms, and ensuring the offer is still open when acceptance is made. The document outlines the steps to analyze a contract for these elements: 1) identifying an offer, 2) confirming the offer was still open when accepted, and 3) checking for a valid acceptance. It emphasizes applying an objective standard to determine the parties' intent and reasonable expectations based on the words and actions used.
The document provides an overview of contract law fundamentals, including the requirements for forming a valid contract. It discusses the key steps in analyzing a contract scenario: 1) determining if there was an offer, 2) if the offer was still outstanding when acceptance was attempted, and 3) if there was a valid acceptance or defective acceptance. The document also covers important concepts like offer requirements, acceptance methods, exceptions to the "mirror image" rule of acceptance, and how contracts are formed in different communication contexts.
The document outlines the anatomy of a civil tax controversy process between a taxpayer and the IRS. It discusses the following key steps:
1. The IRS conducts a tax audit to ensure accurate tax reporting. All tax returns are subject to audit.
2. If the audit finds a deficiency, the taxpayer receives a "30-day letter" and can request an appeals conference or do nothing.
3. If no agreement is reached in appeals or the taxpayer ignores the letter, a "90-day letter" is sent requiring payment or a tax court petition within 90 days.
4. If the taxpayer petitions tax court, the case may be settled or proceed to trial and potential appeals. If not,
This document discusses employment taxes and the trust fund recovery penalty (TFRP). It begins by explaining trust fund taxes, which are taxes that employers are required to withhold from employee wages, such as income taxes and the employee portion of Social Security and Medicare taxes. These withheld taxes are considered funds held in trust for the government. The TFRP is a penalty that can be assessed against individuals within an employer's organization who are responsible for ensuring these trust fund taxes are paid over to the IRS but willfully fail to do so. The document outlines the key elements the IRS examines to determine if someone is liable for the TFRP, such as if they had sufficient control over the employer's financial decisions. It also discusses
This document discusses the importance of empathy for clients in the legal system. It provides several tips for demonstrating care and humanizing clients, such as using their name instead of "defendant," making eye contact, and finding personal connections to the case. Requesting curative instructions is discouraged as it may draw more attention to prejudicial information. Overall, the document emphasizes that caring is essential to ask jurors to care, and explores how defense attorneys can maintain empathy even for those accused of serious crimes.
The document discusses how lawyers should prepare opening and closing statements like actors prepare for roles. It recommends starting with the closing statement and brainstorming the facts needed to make the desired arguments. Lawyers are advised to memorize statements neutrally without emphasis so they can respond authentically to the jury. Thorough rehearsal is important to get comfortable with the material and allow spontaneity. Simplicity is key rather than overpreparing emotions. The goal is to achieve a state of "public solitude" and focus on the jury.
This document discusses the importance of openly revealing feelings. It notes that suppressing feelings leads to an unfulfilling life and potential health issues. Actors and lawyers are encouraged to be vulnerable and express genuine emotions to build credibility and connect with others. The document cautions against exaggerating emotions and provides tips on allowing real feelings to emerge naturally. Overall, it argues that openly sharing one's authentic feelings is empowering and helps one live more fully.
The document discusses overcoming consciousness of self in acting. It states that when actors focus inward on themselves, their performances become exaggerated and inauthentic. It recommends actors focus their attention outward onto an "acting object" like a scene partner, in order to get out of their heads and lose self-consciousness. By becoming fully immersed and concentrating on the acting object, actors no longer have attention left over to observe and judge themselves, allowing their true performances to emerge.
The document discusses the importance of authenticity and being true to oneself. It provides examples of how hiding one's true self can be inauthentic and deprive others of a person's unique qualities. The document encourages lawyers to bring their authentic selves to the courtroom and not be afraid to show their true personalities.
The document provides tips for effective direct examination of witnesses. It emphasizes making the witness look good by focusing attention on them and having them tell a clear, compelling story. The attorney should subtly control the testimony through non-leading questions and establish emotional consistency. Organization should follow a logical chronological or topical order. Pace and visual aids can enhance understanding. Foundation helps establish the witness's credibility.
Business law for the students of undergraduate level. The presentation contains the summary of all the chapters under the syllabus of State University, Contract Act, Sale of Goods Act, Negotiable Instrument Act, Partnership Act, Limited Liability Act, Consumer Protection Act.
Capital Punishment by Saif Javed (LLM)ppt.pptxOmGod1
This PowerPoint presentation, titled "Capital Punishment in India: Constitutionality and Rarest of Rare Principle," is a comprehensive exploration of the death penalty within the Indian criminal justice system. Authored by Saif Javed, an LL.M student specializing in Criminal Law and Criminology at Kazi Nazrul University, the presentation delves into the constitutional aspects and ethical debates surrounding capital punishment. It examines key legal provisions, significant case laws, and the specific categories of offenders excluded from the death penalty. The presentation also discusses recent recommendations by the Law Commission of India regarding the gradual abolishment of capital punishment, except for terrorism-related offenses. This detailed analysis aims to foster informed discussions on the future of the death penalty in India.
Safeguarding Against Financial Crime: AML Compliance Regulations DemystifiedPROF. PAUL ALLIEU KAMARA
To ensure the integrity of financial systems and combat illicit financial activities, understanding AML (Anti-Money Laundering) compliance regulations is crucial for financial institutions and businesses. AML compliance regulations are designed to prevent money laundering and the financing of terrorist activities by imposing specific requirements on financial institutions, including customer due diligence, monitoring, and reporting of suspicious activities (GitHub Docs).
Indonesian Manpower Regulation on Severance Pay for Retiring Private Sector E...AHRP Law Firm
Law Number 13 of 2003 on Manpower has been partially revoked and amended several times, with the latest amendment made through Law Number 6 of 2023. Attention is drawn to a specific part of the Manpower Law concerning severance pay. This aspect is undoubtedly one of the most crucial parts regulated by the Manpower Law. It is essential for both employers and employees to abide by the law, fulfill their obligations, and retain their rights regarding this matter.
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
2. Table of Contents
• Introduction
• Content of Closing Argument
• Selecting Powerful Arguments
• Organizing Closing Argument
• Developing a Point
• Extemporaneous Approach to Delivery
• Communication is Fundamental
• The Language of Closing Argument
3. Table of Contents
• Nonverbal Communication
• The Self as a Powerfully Persuasive Instrument
• The Span-of-Attention Problem
• Delivery
• Emphasis & Impact Devices
• Conclusion
4. Introduction
• Closing argument is a great persuasive device
to help you win your case
• Closing argument is the most powerful part of
the trial
– It comes last and has the psychological advantage
of recency
– It is the only part of the trial which can be used
without restrictions for setting forth relationships
of facts and ideas, for emphasizing certain things,
and for putting the case together in argument
form
5. Introduction
• Closing argument must have persuasion as its
primary purpose
– Other parts of the trial may not be argumentative
and, if so, are stricken as “objectionable”
– The law permits closing argument to be an
argument and to be persuasive
6. Introduction
• During closing argument, the attorney has the
opportunity to address each issue that the
jury must decide and persuade the jury that
he has the winning side of that issue
• Closing argument allows the attorney to reach
depth in discussion of the issues, which is
necessary to reaching the truth
7. Introduction
• Closing argument is the only opportunity
during the trial to analyze the factual issues in
dispute and to apply the facts to the law
• Closing argument is the place for weighing
factors and placing emphasis on that which is
important to the case
8. Introduction
• Closing argument must not be a summation or
rehash of the evidence
• The subject matter for persuasive closing
argument does not spring from the law but
from non-legal disciplines such as rhetoric,
persuasion, communication, nonverbal
communication, speech, and drama
9. Introduction
• Successful closing arguments depend on how
well ideas are organized, how well facts are
interpreted and characterized, and the extent
to which inferences taken from facts add
meaning to these facts and assist the jury in
understanding them in a light that is most
favorable to your case. This comes from
creative thinking and brainstorming
10. Introduction
• Closing argument skills must be people-
oriented as opposed to being legally oriented.
The law, of course, furnishes the framework
• Closing arguments which consist of stream of
consciousness, adherence to legal ritual, a
rehashing of evidence, or a diatribe are not
persuasive
11. Content of Closing Argument
• The law comes from the court’s instructions
and the facts come from evidence admitted at
trial, but the content of a closing argument
goes well beyond these two sources
• Closing argument must be limited to the facts
admitted and the reasonable inferences from
these facts. It is in the area of reasonable
inferences that great arguments are found
12. Content of Closing Argument
• Just as important as the actual facts in a case are
the ideas that organize the facts, interpret the
facts, reach inferences from the facts, and give
life to themes that resonate with the jury
• Ideas come from creative thinking and
brainstorming before and during the case and
end only after the closing argument has been
made. Brainstorming must continue during the
course of the trial in order to take advantage of
targets of opportunity and to adjust to new
developments
13. Content of Closing Argument
Indirect Proof
• A trial is a contest over which of two (or more)
different versions of a litigated event are true.
The winning edge may come from indirect
proof.
14. Content of Closing Argument
– Indirect proof consists of details such as
background, context, motive, character which do
not directly go to an element or contested issue
but which make the attorney’s version likely to be
true when considered in light of the jury’s life
experience and beliefs as to how the world works
– Indirect proof comes from the details of the story
– Too often attorneys rely exclusively on content
that bears on the elements of the offense and lose
the persuasive power of details that make the
story come alive and captivate the senses
15. Selecting Powerful Arguments
• Selecting arguments that have persuasive
power is not an art or a science
– Sensitivity, feel, and judgment are critical to the
selection process
– The first rule of persuasion is to know and adjust
to your audience. In terms of trial, this means that
the preparation and delivery of the closing
argument will be jury-centered
16. Selecting Powerful Arguments
– I recommend discussing possible arguments with
non-lawyers to better judge the strength of each
argument and the best approach for presentation
17. Selecting Powerful Arguments
• Arguments which appeal to attorneys
generally do not appeal to lay persons
– Arguments based on legal concepts do not
resonate with jurors because they are not steeped
in human experience
18. Selecting Powerful Arguments
• Jurors take an argument and measure it
against their belief systems, attitudes, life
experiences, backgrounds, values, education,
and training. These factors determine the
persuasive power of the argument. Look for
arguments that “ring true,” “hit home,” or
“strike a chord.”
20. Selecting Powerful Arguments
• Arguments which do not have persuasive power
should not be used
– Your adversary may select the weak argument, exploit
it, and tear it up into smithereens. Not only does that
gut the argument but it implies that all of your
opposing arguments are equally weak
– Presenting weak arguments detracts from the
emphasis that could be given to fewer, but stronger
arguments
– Developing strong arguments is pick and shovel work
and involves a burst of creative thinking
21. Organizing Closing Argument
• Closing argument must be organized with an
eye towards achieving unity, coherence, and
emphasis. This allows the case to be
presented in the most powerfully persuasive
manner
• Closing argument should be organized based
on the issues the jury must decide. This
directly ties the argument to the decisions
that the jury must make
22. Organizing Closing Argument
• The attorney’s side of an issue becomes a
major point which then becomes a unit of
argument called a “block”
• A block of arguments is based on a single
point and consists of:
– A statement of that point
– Support for the point
– A restatement of the point in conclusion
23. Organizing Closing Argument
• Notes for each block of argument should be
placed on a separate sheet of paper for easy
use
• Careful consideration should be given to the
order of arguments and having the notes on
separate notecards will facilitate this
24. Organizing Closing Argument
• The psychological principles of primacy and
recency dictate that the beginning and ending
of the closing argument contain the most
powerful points
• Points should be treated separately just like
separate sections of a brief. Transitions
between points is not only helpful but
essential
25. Organizing Closing Argument
• Avoid speaking in a stream of consciousness –
ideas spoken as they occur to the attorney has
many pitfalls, not the least of which is that it
will be harder for the jury to follow along
26. Developing a Point
• Closing argument is most effective when it
consists of a series of carefully developed
points with persuasive power
• Each point must be explicitly stated
• Each point must be developed separate and
apart from the others while at the same time
not being cast aside in an isolation chamber.
There is always going to be some overlap
between points
27. Developing a Point
• Each point must be thoroughly developed.
Making a note of a point and hoping to develop it
off the cuff while you’re on your feet in court is a
recipe for disaster.
• You must be laser-focused on the single point as
you prepare and deliver it otherwise you risk
getting distracted with collateral matters that
dilute the point. The point will lack the type of
support it needs to have unity and coherence.
You do not want your point to rest on a shaky
foundation
28. Developing a Point
• As the attorney, the point will seem so clear to
you due to how long you have been working
on the case that it may seem redundant to
state it. As a result, many attorneys fall into
the trap of rehashing supporting facts and the
jury simply does not understand what point is
being made
29. Developing a Point
• Two mistakes to be avoided:
– The mere rehashing of facts without relating them to
a stated point
– Droning on by stating the point over and over again
without support
• Developing each point can be reduced to a simple
formula: (1) state the point and (2) support the
point. This combination packs a “one two” punch
as it results in powerful persuasion
30. Developing a Point
• The point should be stated and restated
frequently enough that the jury is not only
aware at all times of the point that is being
made, but feels the power with which the
supporting material carries the point
• “Tell them what you’re going to tell them, tell
them, and then tell them what you told
them.”
31. Developing a Point
• The point should be supported by marshaling
all of the facts, inferences, interpretations,
explanations, and details that support the
point
• Avoid diluting the point by overlapping points.
Keep each point separate
• Choose a sequence which creates a
streamlined flow of ideas
32. Extemporaneous Approach to Delivery
• Speak to the jurors. Don’t be a conduit for
what is on the yellow notepad
• It is entirely appropriate to use notes.
However, notes should only be used to jog
your memory or to help in transitioning to a
new topic. It should not be used as a crutch. In
other words, its’ use should be minimal so as
not to interfere with communication between
you and the jury
33. Extemporaneous Approach to Delivery
• I recommend dividing your closing argument
into blocks, naming each block, and using
these names to jog your memory
– Reducing your closing argument to an outline and
having it readily available on counsel table will
give you confidence and provide a checklist for
use during closing argument
34. Extemporaneous Approach to Delivery
• Be in the moment
– Being in the moment is a drama term indicating
that your argument is happening right now. It lives
now and will never be done in the same way again
– One cannot be in the moment if one is thinking
about how one prepared last night or trying to
remember what one memorized
35. Communication is Fundamental
• Communication of the case to the jury is
fundamental and must be top of mind at all
times. Points not communicated cannot
persuade
• Meeting legal requirements and making sure
nothing is left out are often most important to
attorneys, and communication with the jury is
lost
36. The Language of Closing Argument
• The language of closing argument is
diametrically opposite from the abstract and
general language ordinarily used by lawyers.
One must learn the language of closing
argument
• Use language precisely – say exactly what is
meant
37. The Language of Closing Argument
• Use standard English – ease the legalese by
translating it into vivid, plain, simple language
38. The Language of Closing Argument
• Use power language
– Take out qualifiers like, “I think,” “I believe,” “I will
attempt to show …”
– Use the active voice
– Rely on nouns and verbs
– Leave out unintentional hesitations
– Use language that has appropriate emotional
content and appeal
39. The Language of Closing Argument
• Use vivid language
– Use concrete, not abstract language
– Use specific, not general language. The “just”
thing is death!
– Paint vivid word pictures
• Visualize the matter described and paint it for the jury
• There is great power that comes from being able to see
an event in detail
• Use of word pictures must be learned. Lawyers
intuitively speak in abstract and general terms
40. The Language of Closing Argument
• Vary up your sentence length, but tend
strongly toward short sentences. Written
sentences are normally longer, clunky, and
more complex than sentences delivered orally
• Use “quotables” – ways to say things that
“stick” in the listener’s mind
41. Nonverbal Communication
• Nonverbal communication in the courtroom is
deafening. Its importance cannot be
overstated
• 65% of communication is nonverbal. Studies
show that when there is conflict between the
verbal and the nonverbal, the nonverbal will
win out
42. Nonverbal Communication
• Two aspects of nonverbal communication:
– Awareness of the feelings of jurors as
communicated nonverbally by them and sensed
by the attorney. Awareness is important because
it may allow adjustments
– Far more important is that which the attorney
communicates nonverbally (see below)
43. The Self as a Powerfully Persuasive
Instrument
• Experts say that one is persuasive if he is: (1)
trustworthy, (2) competent, and (3) dynamic.
Following the suggestions below will assist in
exuding these qualities
44. The Self as a Powerfully Persuasive
Instrument
• One cannot expect to persuade others of that
which one does not believe himself. Your
nonverbal communication will reveal the
uncertainty
• Find the cause in the case and promote and
develop that cause throughout the trial
• Focus on the cause and on communicating it
to the jury
45. The Self as a Powerfully Persuasive
Instrument
• Have and show feelings appropriate to the
case and to the cause
• Project the intensity and vitality that the cause
justifies
• Immerse yourself in the case so that it is you
who is influencing and not the bear
monosyllabic words on your notepad
• Make the closing argument come to life. It will
only come to life if it lives within you
46. The Self as a Powerfully Persuasive
Instrument
• Have the strength and conviction that comes
from having a cause that you truly believe in
– Eliminate all doubts and ambivalence
• Put aside your doubts and inhibitions and
dare to be great.
47. The Span-of-attention Problem
• Experts say that the average attention span is
less than three minutes. This fact poses a
significant problem for trials that last hours at
a time
• Vital to keeping the jury’s attention during
closing argument is having appropriate
emotions that will “carry” the attention of the
jury. Avoid wringing the meaning out of
emotionally-charged arguments
48. The Span-of-attention Problem
• Achieving variety is the antidote to the span-
of-attention problem
– For each block of argument have an appropriate
feeling
– Changing feelings from block to block is the basis
for variety
– As feelings change, it will be natural to change
location in the courtroom, tempo of speech, and
volume
49. The Span-of-attention Problem
– Changes in location, tempo, and volume naturally
reflect the different feeling appropriate to the
block of closing argument
– Variety can also be achieved through use of visual
aids and other means of communication
50. Delivery
• Posture must reflect the dynamism of a
person with a cause
• Use your full range of gestures
• Movement must be natural and effortless. Use
movement when it is appropriate, such as to
make a transition, to approach an exhibit, or
to write on a poster board
51. Delivery
• Each block of argument has a dominant
feeling or emotion from which ebbs and flows
location, tempo, volume etc.
• Use movement and pauses for emphasis, such
as to signal a transition and/or to show
relationships of points
52. Emphasis & Impact Devices
• Emphasize your points so that they will
dominate the conversation in the deliberation
room
• Cases are lost because the jury does not know
that something is important and, therefore,
does not remember the point
53. Emphasis & Impact Devices
• Emphasis may be gained by outright telling
the jury how important something is, by
spending time on a given point, by using visual
aids, and by writing on a chart
54. Emphasis & Impact Devices
• Useful speech devices
– Quotations
– Analogies
– Similes and metaphors
– Illustrative stories
– Painting word pictures
– Repetition
– Triples like “blood, sweat, and tears”
– Parallel structure like “Ask not what your country can
do for you but what you can do for your country”
55. Conclusion
Powerful persuasion in closing argument is a
natural byproduct of an attorney who uses
creative thinking to produce ideas, selects
powerful arguments, and then presents those
powerful arguments in vivid word pictures using
variety and appropriate feeling with the self as a
powerful persuasive instrument