May 21, 2013
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Summer School 2013

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Legal Argument

Thomas S. Foley Honorary Forensics Tournament

 

 John Clark Legal Argument

Although the event is called “legal argument,” it encompasses both opening statements, which are expository in nature, and closing arguments, which are akin to persuasive oratories. The purpose of an opening statement is to preview what the evidence will show in a manner supportive of the proponent’s position – but in a non-argumentative fashion. This is usually done in a story fashion with introductory phrases such as “the evidence will show.” Closing argument “marshals the evidence” and argues it in amanner consistent with the proponent’s position. Visual aides may be used in both opening statements and closing arguments. Competitors may choose to deliver either an opening statement or a closing argument for either the prosecution or the defense. Speeches must be based on the facts stated in the hypothetical fact pattern. Washington State law applies and students are encouraged to research applicable legal issues. The hypothetical fact pattern is attached to this invitation along with copies of the applicable criminal statutes. The time limit for this event is 8 minutes. Judges will be given access to the hypothetical fact pattern. To the extent possible, the event will be judged by attorneys. (Open division only.)

John Clark Legal Argument Ballot and Fact Pattern

Click here for a copy of the John Clark Legal Argument Ballot

Click here for a copy of the 2013 John Clark Legal Argument Fact Pattern and Laws  

[NOTE:  To be fair, since I write the fact pattern, I do not coach my own students in this event.  Instead, I give them the same advice that I give students from any school who questions me about the event.  Many attorneys and/or law students would be happy to help you analyze the fact pattern.  In addition, simply analyze the fact pattern as you would any debate topic and then think of your closing argument like an oratory and your opening statement as an expository speech.  Remember:  You may, but are not required, to use visual aids to assist you in either the opening statement or the closing argument.  You will do fine! - David Smith]

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