Reference no: EM133203796

Anatomy of an opening: the basics

Question 1. An Introduction:
o Attorney identifies themself (or not)
- A typical introduction: "Your Honor, members of the jury, my name is (full name), representing the prosecution/defendant in this case."
- If they have already been introduced, some attorneys just go right into their opening to save time, create drama, and make it look more like a real trial.
o A theory of the case
- One or two sentences which tell the jury what your case is about
- "My client, Landry Lopez, was fired for reporting an illegal activity to his employer, the restaurant Buddies Burgers."
o Briefly tell the jury why they are there
- "This case is brought under Oregon whistle blower law, which prohibits employers for retaliating against employees who have a reasonable belief that an illegal activity has occurred and report it. "

Question 2. A brief overview (story) of what the evidence will show
o Presented from your side's perspective
o Purpose is to give the jury the big picture
o "The facts of this case are straightforward. The evidence will show that on May 5, 2016, Landry Lopez saw . . ."

Question 3. A brief explanation of what has to be proved
o "Under Oregon whistle blower law there are three elements that must be proven. First. ."
Question 4. Identify the witnesses
o "We will call three witnesses: Landry Lopez, Sam Jackson, a former Buddies Burgers employee, and Tyler Erickson, a journalist student."
Question 5. Tell what the key testimony of each witness will be
o "Mr. Lopez will tell you that . . ."
o "Next, Plaintiff will call Ms. Jackson, a former BB employee. . ".
o "Finally, you will the testimony of Tyler Erickson, who was with Mr. Lopez . . . "
Question 6. A conclusion
o Discuss the burden of proof (some put this near the beginning)
- "This is a civil case and Plaintiff Landry Lopez must prove his case by a preponderance of the evidence." (Explain briefly and illustrate with hands what a preponderance of the evidence means)
o Restate the theory of the case
- "Oregon's whistle blower law exists to protect, and encourage, employees to report illegal activity in the workplace. Mr. Lopez engaged in such whistle blower activity and was fired for doing so. "
o Tell the jury what you want
- "For these reasons, after you have heard all the evidence, at the end of this trial we will ask you to return a verdict in favor of Landry Lopez."
- "At the end of the trial the State of Oregon will ask you to find the Defendant guilty of . . . . ."
- "Based on the evidence you will hear; at the end of the trial the Defendant will ask you to return a verdict of not guilty