Book contents
- Frontmatter
- Contents
- Foreword
- 1 The nature of advocacy
- 2 Preparation
- 3 Witnesses and questions
- 4 Examination-in-chief
- 5 Cross-examination: its qualities
- 6 Cross-examination: method and style
- 7 Cross-examination of experts
- 8 Cross-examination on documents
- 9 Re-examination
- 10 Admissibility, objections and submissions
- 11 The addresses
- 12 Plea in mitigation
- 13 Appeals
- 14 Legal writing
- 15 Etiquette and ethics
- Index
- Frontmatter
- Contents
- Foreword
- 1 The nature of advocacy
- 2 Preparation
- 3 Witnesses and questions
- 4 Examination-in-chief
- 5 Cross-examination: its qualities
- 6 Cross-examination: method and style
- 7 Cross-examination of experts
- 8 Cross-examination on documents
- 9 Re-examination
- 10 Admissibility, objections and submissions
- 11 The addresses
- 12 Plea in mitigation
- 13 Appeals
- 14 Legal writing
- 15 Etiquette and ethics
- Index
Summary
Addresses generally
[11000] Generations of advocates have found that a good address, opening and closing, has these parts:
Introduction.
Identification of the issues.
Evidence that proves each issue.
Conclusions or inferences to be drawn.
In its composition, it should be logical and expressed in simple language.
[11005] In a jury case it is generally not wise to refer to the law in any detail. The reasons are these. If you do refer to the law you must do it by way of submission as you would to a judge. Most advocates find that ungainly. The judge will be referring to the law in the directions to the jury. Those directions of law will be combined with the evidence you have referred to and your arguments or submissions contained in your final address. You will often have to refer to some general law, but try to make it so well known as not to need citation or submission. It will possibly take the following form:
The prosecution has to prove beyond reasonable doubt that when he fired the shot Mr Black intended to kill Mr Gray or cause him really serious bodily injury. I expect that his Honour will tell you that when he directs you on the law. Either he will reinforce what I said, or correct me if I am wrong.
[11010] There are several things that you must not do in any address. You must not give your opinion, except perhaps on matters of general human nature.
- Type
- Chapter
- Information
- Advocacy , pp. 119 - 128Publisher: Cambridge University PressPrint publication year: 2007