What is an example of a lawyer argument?

Asked by: Antoinette Gislason  |  Last update: September 9, 2025
Score: 4.9/5 (44 votes)

An example of a closing argument is the lawyer opening with a statement, "How can my client be in two places at once?". The lawyer could then incorporate the theme of an alibi, arguing that the defendant could not have possibly committed a crime because they weren't even in the country when the crime took place.

What is a lawyer's written argument?

Prior to the argument, each side has submitted a legal brief—a written legal argument outlining each party's points of law. The Justices have read these briefs prior to argument and are thoroughly familiar with the case, its facts, and the legal positions that each party is advocating.

How do you write an argument like a lawyer?

  1. Present the issue or state it in the form of a conclusion. This works as the topic sentence of the argument you're about to make and what it's going to be about. ...
  2. State the rule. ...
  3. Explain the rule. ...
  4. Provide logical-based analysis. ...
  5. Conclude.

What is the most common argument of a defense attorney?

Here's our list of the most common defense strategies used in criminal court:
  • No intent to commit the crime (accident)
  • Mistake of fact.
  • The crime was committed out of duress or necessity.
  • Police misconduct or a violation of your rights.
  • Intoxication (may still result in other charges)
  • Self-defense.

What is an example of an argumentative question in law?

Badgering the witness often comes in the form of argumentative questions where the attorney asks the witness not about facts but to make conclusions from those facts. For example, an attorney would be making an argumentative question if they asked: you yelling at that person means you must be very aggressive?

How to Argue Like a Lawyer (and WIN) with 4-Step Formula

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What are some examples of an argument?

Argument: Claims, Reasons, Evidence
  • Liberal arts is best [claim] because it teaches students independent thinking [reason];
  • That was Newman's best [claim] because it presented the most difficult role [reason];
  • Global warming is real [claim] because the most reputable science points in that direction [reason].

What are the most common types of legal arguments?

The most common forms of deductive argument found in legal reasoning are those known as “syllogisms”. The term comes from Aristotle: “A syllogism is discourse in which, certain things being stated, something other than what is stated follows of necessity from their being so”.

What is a good opening statement for a defense attorney?

A strong opening statement will use catch-phrases that will characterize the defense. For example, informants “sell their testimony”; the prosecutor “holds the jailhouse key”; the defendant was “in the wrong place at the wrong time”; the alleged victim “started the fight and the defendant ended it.”

Can a lawyer defend someone they know is guilty?

The bottom line is that a lawyer can defend someone they know is guilty. Moreover, a lawyer who gives their best effort to advise a guilty client is actually assisting the court to do justice.

What makes a strong legal argument?

The Fundamentals of Crafting a Strong Legal Argument. Crafting a strong legal argument requires a thorough understanding of the law, factual analysis, and persuasive writing. Students need to research and identify legal issues, gather relevant facts, and then apply the law to the facts.

How do you argue a case like a lawyer?

How to argue using the 4-Step formula
  1. Conclusion: Begin by stating your conclusion. ...
  2. Rule: Next, state the rule that applies to the disagreement. ...
  3. Analysis: Now it is time to analyze how the rule applies to the facts of your situation. ...
  4. Conclusion: Finally, restate your conclusion and summarize your argument.

Can lawyers say anything in closing arguments?

In closing arguments to the jury, an attorney shall not: (1) become abusive, (2) express his personal belief as to the truth or falsity of the evidence, (3) express his personal belief as to which party should prevail, or (4) make arguments premised on matters outside the record.

How to win favor with a judge?

Judges expect advocates to present arguments completely and honestly. Completely means knowing the record as well the adversary's con- tentions. Honestly means presenting all information accurately, even if that requires the advocate to concede some points. a trial or appellate judge is to win.

What is an example of an argument in law?

For example, in a slip-and-fall case, the parties may disagree FACTUALLY as to whether there was any ice on the defendant's sidewalk; and/or they may disagree LEGALLY as to whether the defendant had a legal duty to remove any ice that may have been there.

How to sit in on a court case?

A person who wishes to observe a court in session may check the court calendar online or at the courthouse and watch a proceeding. The U.S. Constitution and court tradition give citizens right of access to court proceedings.

How do lawyers argue so well?

Lawyer arguments should be a conversation—not a speech

“If you're a lawyer who comes in to argue your case and you're so 100% sure you're right, you're likely to not be very persuasive,” he said. If you've written your brief well, Neal explains, that should be your speech.

Should I tell my lawyer everything?

Your attorney is your advocate and not a judge. They exist to defend you and do not judge you. Remember, an experienced criminal defense attorney has seen it all, so it is always best to tell them the truth. Contact our Galveston County criminal defense lawyer at Mark Diaz & Associates today for help at (409) 515-6170.

How do you know if your lawyer is selling you out?

How Can You Tell If Your Lawyer Is Selling You Out?
  • They Regularly Miss Deadlines and Appointments. ...
  • They Show a Lack of Interest in Your Case. ...
  • They Are Pushing You Too Quickly or Forcefully to Settle. ...
  • They Fail to Return or Answer Your Calls. ...
  • They're not Transparent in Billing and Payment Practices.

What happens if a lawyer loses a case?

#1.

If they don't win your case, then they don't get paid a fee. Generally, a contingency fee agreement is a win-win arrangement for both lawyers and personal injury victims. Clients can access justice despite limited resources, as paying the attorney depends on winning the case.

What is a strong opening statement?

A good opening statement demonstrates your sincerity, knowledge of the facts, confidence and likeability all at the same time. “You don't want to over-promise or under-deliver in your opening statement,” Soto said, adding that there's no such thing as being over-prepared. 3) Tackle any unfavorable facts head-on.

What questions should a defense attorney ask?

Some examples of questions that a defense attorney might ask during direct examination include:
  • Can you describe the defendant's demeanor on the day of the incident?
  • Did the defendant seem intoxicated or under the influence of drugs?
  • What was the defendant wearing at the time?

How to write a closing argument?

The basic components are: a dynamic beginning; a compelling and accurate factual story consistent with your case theme and theory; an application of the facts to the law; a strong ending that reinforces your case theme/theory; and a clear “ask” (tell the jurors what you want them to do).

What is a strained argument?

Strained argument. written by Eliezer Yudkowsky (Jul 18, 2015) A phenomenological feeling associated with a step of reasoning going from X to Y where it feels like somebody is stretching a hand across a cliff and not quite making it.

What are the three major arguments?

There are three basic structures or types of argument you are likely to encounter in college: the Toulmin argument, the Rogerian argument, and the Classical or Aristotelian argument.

What is the common law argument?

Common law functions as an adversarial system, a contest between two opposing parties before a judge who moderates. A jury of ordinary people without legal training decides on the facts of the case. The judge then determines the appropriate sentence based on the jury's verdict. Civil Law, in contrast, is codified.