|
Opening Statements
Opening Statements, Format
Description: A summary of the thesis and a description of the evidence to be presented.
Time Limit: Five minutes for each side.
Purpose: To show the judge what to pay attention to (and to remind yourself of your thesis and strategy).
Recommended Sequence:
Introductions: Stand up, greet the judge, introduce yourself and the team members.
Audience Attractor: (optional) Draw the attention of the judge, possibly using your generalization. "We are here today to decide the case of a person wrongly accused of…; but more than that, we are deciding whether this society accepts…"
Issue Statement: State or repeat the issue statement. "The issue before the court today is whether…"
The Facts: State the facts of the case.
Burden of Proof: State the criteria required for conviction and identify who has the burden of proof. "The burden of proof rests with the prosecution, who must prove beyond a reasonable doubt that the defendant is guilty of…"
Test(s): Identify the test required. "The law [name the law] states..., which means that a person must have done A, B and C…"
Thesis: State your thesis, which should include your interpretation of the relevant law. "We intend to show that person X does/does not fit the criteria of A, B, C…"
Witnesses: List the witnesses for your side, describe what they will say, and show the connection between their testimony and your thesis. "Dr. X, a prominent brain surgeon, will tell us about… Mr. Y, the defendant's secretary, will tell us…., and finally Mrs. Z will share her recollections of …; As a whole, the witnesses' testimony will provide a comprehensive and consistent picture of the defendant's … which will show [insert thesis here]."
Counter-Position: Identify the likely thesis of the opposing team, then explain why you think their thesis will not hold up, or why yours is better. "The prosecution will bring in several witnesses who will… but they will be unable to …" You might want to anticipate legitimate criticisms and dismiss them. "The defendant did do action A, but the law holds a person accountable only for actions B and C…"
Generalizations: Make a statement about the significance of the case and discuss the implications that the judge's decision will have for society as a whole.
Summarize: Re-state the issue and the test, and re-state your thesis with confidence.
|