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LSDefine

Simple English definitions for legal terms

closing argument

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A quick definition of closing argument:

Closing argument is the last chance for a lawyer to convince the judge or jury that they should win the case. It happens after all the evidence has been presented and both sides have rested their cases. The lawyer explains how the evidence supports their theory of the case and clarifies any issues that the jury must resolve to make a decision. The lawyer cannot ask the jury to consider anything other than what was presented in court. Both sides present a closing argument, and in a criminal case, the prosecutor and defense counsel make the argument, while in a civil case, the plaintiff's lawyer and defendant's lawyer make the argument.

A more thorough explanation:

Closing argument is the final chance for a lawyer to convince the judge or jury that their side should win the case. It happens after all the evidence has been presented and both sides have rested their cases. The lawyer uses this time to explain how the evidence supports their theory of the case and to clarify any issues that the jury must resolve to make a decision.

Closing arguments are powerful because they are the last thing the jury hears before making a decision. The lawyer can use creative strategies and techniques to convince the jury, but they must rely only on the evidence presented in court. They cannot ask the jury to consider anything else, like personal biases or prejudices.

Both sides in a trial present a closing argument. In a criminal case, the prosecutor and defense counsel each make a closing argument. In a civil case, the plaintiff's lawyer and the defendant's lawyer each make a closing argument.

In a criminal trial, the prosecutor might use their closing argument to remind the jury of the evidence presented that shows the defendant committed the crime. They might also explain why the defense's arguments don't make sense based on the evidence. The defense lawyer might use their closing argument to point out weaknesses in the prosecution's case and to argue that the evidence doesn't prove beyond a reasonable doubt that their client committed the crime.

In a civil trial, the plaintiff's lawyer might use their closing argument to explain why the defendant is responsible for the harm the plaintiff suffered and to ask for a specific amount of money in damages. The defendant's lawyer might use their closing argument to argue that their client is not responsible for the harm or that the harm was not as severe as the plaintiff claims.

These examples illustrate how closing arguments are used to summarize the evidence and arguments presented in a trial and to persuade the judge or jury to make a decision in favor of one side or the other.

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