 Your side’s version of “what really happened”  Logical  Fit the legal requirements of the claims or defenses  Be simple to understand  Be consistent with the jurors’ common sense and their perception of how real life works

 Memorable word or phrase that summarizes your theory  Emotionally compelling  Incorporate jurors sense of fairness and universal truths  Simple  Focus on people, not issues  Should translate “legalese” into simple, compelling, human propositions that are consistent with the attitudes jurors already hold about people, events, and life in general.

 Libel/Slander case:  Defense: Lukas Reiter was caught red-handed, and now he wants someone else to pay for his affair.  Plaintiff: Richard McKyton made a jealous jump to conclusions.  Murder/Self Defense case:  Defense 1: With her back up against the wall and her roommate threatening to kill her, Ms. Hughes had run out of options.  Prosecution 1: Pat Hughes took the law into her own hands.  Defense 2: Facing death, Sarah Baker did what all living things are instinctively programmed to do…she defended herself.  Counterfeit case – missing “other suspect”:  Defense: Reggie Jefferson had the perfect cover: A trusting roommate with the same initials.  Negligence:  Defense: It is every driver’s worst nightmare. A small child darts into the road.

 Tell a story  Focus on the people, not the problem. Who are the important players? Personalize your party  Make the story vivid. Re-create the incident. Make it emotional and dramatic  KEEP IT SIMPLE.  Be Logical and concise.  Walk the jurors through the events in chronological order.  Anticipate the other side’s weaknesses

 Don’t overstate the evidence  Don’t include your personal opinions  Don’t argue -at least not in an obvious way

1. Introduction 2. Parties – introduce essential people 3. Scene – paint a picture for the jury 4. Issue – what is the main issue? 5. What happened – get the jury to believe your side of the story 6. Basis of guilt/non-guilt – why your side should win 7. Anticipating and refuting the other side 8. Conclusion - Simply and directly tell jury that facts of the case will support his/her side, and ask for a verdict.

1. Grabber beginning – quick summary of theme/theory that draws jurors in 2. Introduction – who are you and who do you represent? (or do this first) 3. Facts/Witnesses – Tell the story 1. Paint the scenes and introduce the players as they come up 4. Short close – return to/restate your theme 5. Charge the jury – tell them what you’re going to ask them to find