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Category: Opening statement

USING A “REPTILE” STYLE OPENING STATEMENT

USING A “REPTILE” STYLE OPENING STATEMENT

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·Beginning in 1952, neuroscientist Paul D. MacLean began developing the thesis that humans have a “triune” brain, a part of which consists of a “reptilian complex” that controls the instinctive behaviors involved in survival and reproduction of the species. David Ball and Don Keenan adapted it in their 2009 book Reptile, arguing that plaintiffs’ attorneys should appeal to the reptilian part of the brains of jurors. They suggest that, to be effective, the question has to do six things:• Prevent…

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    OPENING STATEMENT DAMAGE CONCEPTS

    OPENING STATEMENT DAMAGE CONCEPTS

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There are some fundamental legal concepts about damages that should be incorporated in most personal injury damage cases. Some of the more important ones include a factual introduction followed by a clear overview of the law of damages. It is important the jury understands there is only one trial to cover the past, present and the future of damages. A time distinction between these three periods relating to the damage claims should be made clear. The jurors need to understand…

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OPENING STATEMENTS THAT GRAB THE JURY

OPENING STATEMENTS THAT GRAB THE JURY

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OPENING STATEMENTS THAT GRAB THE JURY “He who wants to persuade should put his trust not in the right argument, but in the right word. The power of sound has always been greater than the power of sense.” Joseph Conrad SOME PRELIMINARY THOUGHTS The legal function of an opening statement is to tell the jury the nature of the case, what the issues are and what the party proposes to prove in support of their claims. It is usually added…

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