LIST OF PERMITTED RESOURCES
Below are the Lexis links and books you are permitted to use in preparation for the Selection Tournament. Links can be reached by pressing control and clicking on the blue text. You are not permitted to use any resources aside from those listed below. Links 1 through 3 provide general information on structuring and presenting openings and closings. The most helpful sections are indicated. Those sections not mentioned are largely inapplicable. Link 4 will take you to a search result displaying numerous actual openings and closings. Link 5 provides a sample jury instruction regarding the “proof beyond a reasonable doubt” burden of proof. It is not necessarily the exact jury instruction in this case. Below the links are numerous books that present thorough discussions on how to prepare and present openings and closings. These books are on four-hour reserve in the library, and are located in the reserve room (behind the circulation desk). The call numbers run from 8858 through 8915.
Some of the readings will provide information and suggestions that are immaterial or otherwise unfit for your purposes. For example, no objections or motions are permitted during the tournament and visual aids are only permitted during your closing argument. Additionally, keep in mind that your opening statements and closing arguments are considerably shorter than actual openings and closings—It is up to you to decide what facts and elements should be included in your presentations.
1. Federal Litigation Guide:
Synopsis to Chapter 32 (Opening Statements) Suggested sections: 32.01, 32.04, 32.05, 32.06, 32.07, 32.20, 32.21, 32.26 Synopsis to Chapter 36 (Closing Arguments) Suggested sections: 36.01, 36.02, 36.03, 36.04, 36.05
2. Federal Trial Guide:
Synopsis to Chapter 11 (Opening Statements) Suggested sections: 11.01, 11.20, 11.21, 11.30 Synopsis to Chapter 90 (Closing Arguments) Suggested sections: 90.03, 90.04, 90.12, 90.60, 90.61, 90.65, 90.68, 90.82
3. Trial Practice Guide: Opening Statements:
8.1 Use the Opening Statement to Preview the Facts 8.2 Begin with Concepts 8.6 State the Law 8.7 Outline the Facts You Will Prove 8.14 Oratorical Style 8.15 Develop a Rapport during the Opening Statement 8.16 Sample Opening Statements
Trial Practice Guide: Closing Statements:
13.1 Closing Arguments Debate the Merits
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13.2 Place Yourself in the Jury Box 13.3 Getting a Concept 13.4 Principles for Closing Arguments 13.7 Preparing a Master Outline for the Closing Argument 13.11 Sample Closing Arguments
4. Michie Trial Search’s Sample Openings and Closings:
Sample Openings & Closings
5. Modern Federal Jury Instructions:
Burden of Proof, Reasonable Doubt
List of Books Available on Reserve Trial Advocacy by Moore, Berman and Binder The Litigation Manual: Trial by Koeltl and Kiernan McElhaney’s Trial Notebook by McElhaney Trial Advocacy by Berger, Mitchell and Clark Trial Practice by Dubin and Guernsey The How-to-Win Trial Manual by Fine Trial Advocacy Basics by Gitchel and O’brien Advocacy: Openings and Closing by Haydock and Sonsteng Trial Advocacy Before Judges, Jurors and Arbitrators by Haydock and Sonsteng Trial Techniques by Mauet Basic Trial Advocacy by Murray Trials by Mauet The Advocate’s Desktop Notebook by Younger
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