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Quick question about opening statements

 
 
Reply Thu 15 Sep, 2005 12:22 pm
In a civil case, when giving an opening statement, is it improper to state the law?

Just something that got my head scratchin...
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joefromchicago
 
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Reply Thu 15 Sep, 2005 10:33 pm
Re: Quick question about opening statements
JustanObserver wrote:
In a civil case, when giving an opening statement, is it improper to state the law?

Just something that got my head scratchin...

Depends on what you mean by "stating the law." The jury's job is to determine the facts, so that's what the attorney should be focusing on when delivering an opening statement. Of course, some mention of the law is impossible to avoid -- it would be difficult, for instance, in a breach of contract case for the plaintiff's attorney not to mention the allegation that the defendant breached the contract. But it's the judge's task to instruct the jury as to the law, and it would be objectionable for an attorney to do so in an opening statement.
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JustanObserver
 
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Reply Sun 18 Sep, 2005 06:37 pm
Thank you, Joe!
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