WorksheetsOpenings and Closings - F25TH
Total questions: 49
Worksheet time: 25mins
Name
Class
Date
1.
Which of these are important parts of a good opening statement:
a)
what you say;
b)
how you say it
c)
both of these
d)
neither of these
2.
Which of these are reasons why you shouldn't state "facts" during your opening statement that you can't prove:
a)
It isn't ethical
b)
A good oppposing counsel will use it against you in their closing argument
c)
Neither of these
d)
Both of these
3.
True or False. Attorneys can't share their personal opinions with the jury - not during opening statements or any other time.
a)
True
b)
False
4.
Which of these is part of a good opening statement:
a)
All of these
b)
Introduce yourself and your client;
c)
Tell the jury what happened ;
d)
Tell the jury what you expect your witnesses to say;
e)
Tell the jury what you believe your key exhibits will say;
5.
Which of these is part of a good opening statement:
a)
All of these
b)
None of these
c)
Tell the jury what the judge will say about the law (jury instructions);
d)
Forewarn jury about the weaknesses of your case;
e)
Themes that tie your other points together;
6.
True or False. A good way to remember all the things you should say in your opening statement is to write it out word for word.
a)
True
b)
False
7.
True or False. Your themes should be long enough to capture all the key parts of your case.
a)
True
b)
False
8.
Which of these should you do during your opening statement:
a)
make a list of key points for your opening statement ;
b)
read your opening statement ;
c)
memorize your opening statement ;
d)
all of these ;
e)
none of these ;
9.
True or False. To avoid boring the jury, there should be no moments of silence in your opening statement.
a)
True
b)
False
10.
Which of these should you do with the pace of your opening statement:
a)
vary your pace
b)
slow down for the really important points
c)
go fast when you want to point out that things were rushed or hectic
d)
all of these
e)
none of these
11.
Which of these should you NOT do in your opening statement:
a)
vary your volume;
b)
get loud on the important points;
c)
get really quiet on an important point ;
d)
always talk loud ;
e)
always talk softly ;
12.
True or False. You should repeat your theme three to five times during your opening statement.
a)
True
b)
False
13.
Which of these are NOT ways that your opening statement should deal with weaknesses in your case:
a)
embrace all the evidence;
b)
weave the bad evidence into the story to candidly disclose it;
c)
minimize the impact of bad evidence;
d)
maintain a positive tone;
e)
ignore it and hope your opponent doesn’t mention it.
14.
Which of these can happen when an exhibit is admitted:
a)
You can have the witness read from the exhibit
b)
The exhibit becomes part of the Record
c)
The court of appeals can consider the exhibit
d)
None of these
e)
All of these
15.
If the jury asks for a copy of the trial transcript, the trial judge:
a)
must give it to the jury
b)
can not give it to the jury
c)
must respond directly to the jury's request
d)
has discretion to decide whether to give it to the jury
16.
What does it mean to publish an exhibit:
a)
You hand a copy of the exhibit to the jury
b)
You can have the witness read from the exhibit
c)
The exhibit becomes part of the Record
d)
The court of appeals can consider the exhibit
e)
None of these
17.
True or False. The general rule is that you can't use prior convictions to show that a witness isn't credible.
a)
True
b)
False
18.
Explain the SODDI defense, and give an example of a situation where it might be used:
4 lines
19.
In closing arguments, ______ can reserve part of their time for a rebuttal.
a)
The plaintiff/prosecutor
b)
The defendant
c)
Both of these
d)
Neither of these
20.
True or False. Closing arguments can NOT include evidence that was not admitted during the trial.
a)
True
b)
False
21.
True or False. Lawyers can use the jury instructions during their closing arguments.
a)
True
b)
False
22.
True or False. In closing arguments, lawyers may use exhibits that have been admitted in evidence.
a)
True
b)
False
23.
True or False. In closing arguments, lawyers may use exhibits that have NOT been admitted in evidence.
a)
True
b)
False
24.
True or False. In closing arguments, lawyers may use witness testimony that has been admitted in evidence.
a)
True
b)
False
25.
True or False. In closing arguments, lawyers may use witness testimony that has NOT been admitted in evidence.
a)
True
b)
False
26.
True or False. Lawyers can misstate what the evidence was - that's what they get paid to do.
a)
True
b)
False
27.
True or False. Lawyers can argue reasonable inferences from the evidence.
a)
True
b)
False
28.
Lawyers can argue the significance of missing evidence:
a)
Anytime
b)
Only if they have access to the evidence
c)
Only if they don’t have access to the evidence, but opposing counsel does
d)
Never
29.
True or False. A lawyer may state their personal opinions at any time during the trial.
a)
True
b)
False
30.
True or False. "I believe," "I know," and "I think" are good phrases to use during closing argument, because they show your personal investment in the case.
a)
True
b)
False
31.
True or False. Appeals to sympathy, prejudice, or other passions are improper.
a)
True
b)
False
32.
Which of these are proper arguments:
a)
Telling the jury that it has a duty to deter crime and protect the community.
b)
Arguing a party's poverty or wealth (unless punitive damages are in issue).
c)
Arguing that the jury should find for the plaintiff because any judgment against the defendant would be paid by the defendant’s insurance company.
d)
Arguing that the jury should find for the defendant to avoid increases in insurance premiums.
e)
Asking the jury to apply common sense
33.
Which of these are true.
a)
The jury's job is to relate the evidence to the jury instructions
b)
Good closing arguments help jurors relate the evidence to the jury instructions
c)
Both of these
d)
Neither of these
34.
Closing Arguments should NOT use which of these:
a)
Admitted Testimony
b)
Excluded Testimony
c)
Admitted Exhibits
d)
Jury Instructions
e)
Common sense and life experiences
35.
Closing Arguments should NOT use which of these:
a)
Excluded Exhibits
b)
Jury Instructions
c)
Common sense and life experiences
d)
Stories and analogies
e)
Rhetorical questions
36.
Closing Arguments should NOT use which of these:
a)
Admitted Testimony
b)
Admitted Exhibits
c)
Personal opinions
d)
Stories and analogies
e)
Rhetorical questions
37.
True or False. If the judge allows it, you should stand behind the podium when you make your closing argument.
a)
True
b)
False
38.
True or Flase. It is a good idea to use big words and legal terms, so the jury is impressed with your vocabulary.
a)
True
b)
False
39.
True or False. You should write out the planned closing argument, then practice delivering it.
a)
True
b)
False
40.
True or False. You should make a list of the points that you want or need to cover in your closing, then arrange them in the order you want to present them.
a)
True
b)
False
41.
True or False. The attorneys doing opening and closing should develop these independent of each other, so they aren't too repetitive.
a)
True
b)
False
42.
True or False. It is usually a good idea to read a few key phrases from the jury instructions during your closing.
a)
True
b)
False
43.
True or False. The best way to deal with weaknesses in your case is to ignore them in closing arguments and hope that your opponent doesn't raise them.
a)
True
b)
False
44.
Which of these are benefits of using a list or outline, instead of writing out your closing argument:
a)
You can easily add new points as evidence comes in during trial
b)
You can easily remove points as evidence comes in during trial
c)
It sounds less rehearsed when you argue to the jury
d)
All of these
e)
None of these
45.
True or False. Attorneys are permitted (even encouraged) to break most evidentiary rules, if it would help them win the case.
a)
True
b)
False
46.
True or False. For most evidentiary rules, it is the job of opposing counsel (not the judge) to enforce the rules by objecting.
a)
True
b)
False
47.
True or False. During closing arguments, lawyers should not ask the jurors to infer anything from the evidence - the jury should only consider the actual evidence that was admitted during the trial.
a)
True
b)
False
48.
True or False. The only time that lawyers can state thier personal opinions is during the closing argument
a)
True
b)
False
49.
True or False. Appeals to sympathy, prejudice, or other passions are great ways to make an effective closing argument.
a)
True
b)
False
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