ZACHARY SCHULTZ 2012 CARR COMPETITION Opening Statements: Framing the Trial

The Ingredients Theme Theory Facts Drama

Rules Don’t overstate your case. Don’t get be argumentative.

Rules Don’t overstate your case. Don’t get caught being argumentative. Memorized Expected to be the smoothest aspect of the trial.

Facts Before you start any other aspect of the opening make sure you have a solid grasp of the facts. An opening statement relies entirely on an effective reading of the evidence since it is one of the only truly predictive sections of the trial. However, make sure that your knowledge of the facts doesn’t make you overestimate your audiences knowledge.

Theory A theory is the combination of the legal and factual aspects of the case into a version which supports your verdict. Your theory should be accessible and the central goal of all of your cross and direct examinations. An effective theory should encapsulate what your “side” says happened.

Theme Theme is the tagline for the story you will be telling. It serves as the secondary premise to your verdict. Themes should be short, memorable, and repeatable. Creating an effective theme is one of the hardest parts of the trial process.

Drama Jurors and, sometimes to a greater extent, competition judges expect some degree of drama in every case. Some cases lend themselves to dramatic interpretation but almost all have the potential for it. There is a fine line to be walked here.

Example Listen for the components. Watch gestures, intonation, and courtroom positioning.

Example Theme? Theory? What happened?

Structuring Theme Introduction Back Story Burdens Witnesses Call Theme