One approach to giving a final argument is to structure it around the jury instructions. This approach is based upon the idea that the jury instructions given by the judge represent the law and come from a neutral source. By connecting the argument to the jury instructions, it is suggested that it strengthens the jury’s attitude to the credibility of the lawyer making the argument. This is a very simple outline of that approach, which be revised for your individual case.

1. START WITH THE VERDICT FORM

(1) Put the verdict form on the screen
(2) Go through each question & explain significance (without giving verdict amount)

2. POINT OUT BASIC INSTRUCTIONS

(1) Burden of proof: “more probably true than not”
(2) Credibility of witnesses
(3) Proximate cause (intervening cause)
(4) Only ten jurors are required for a verdict

3. REVIEW LIABILITY TESTIMONY & EVIDENCE

(1) Review key liability witness & evidence
(2) Review defenses

4. FILL IN VERDICT FORM RE LIABILITY

(1) Show how to fill in the verdict form regarding liability & why:
(a) Rules that were violated
(b) How rules protect people
(c) How it could have been avoided
(d) What difference would it have made if care had been taken
(e) The more dangerous, the higher the duty to be careful
(f) Defendant made choices – betrayal of trust and duty owed

5. DAMAGE INSTRUCTIONS – TWO TIME PERIODS

(1) Two time periods past & future
(2) Instruction on life expectancy

6. TWO DIFFERENT KINDS OF DAMAGES
   (1) Show verdict form re damages
   (2) Review the instructions on Economic Damages
   (3) Review Instruction: Non-economic Damages

7. EVALUATION OF ECONOMIC DAMAGES – PAST & FUTURE

(1) Review bills and economic damage witnesses & evidence
(2) Remind this only for bills – not harm

(3) Review testimony and evidence about past and future care costs
(4) Fill in the jury verdict with the requested numbers for economic loss

8. REVIEW NON-ECONOMIC PAST & FUTURE
(1) Purpose is an amount that equals equal harm done. Use scale of justice
(2) Review instruction: Amount separate from bills or economic verdict
(3) Instruction: amount must “fairly & reasonably” compensate:
(a) “Reasonable” Logical; conforming to sound judgment
(b) ”Fair” To be just and free from bias or injustice

9. DUTY TO EVALUATE EACH ELEMENT OF DAMAGES

(1) Review the damage instruction regarding the elements of damage
o Apply testimony and evidence to each element in instruction

10. EVALUATION OF NON-ECONOMIC DAMAGES PAST & FUTURE

(1) Review of witnesses & evidence regarding each element
(2) Explain meaning:
(a) Evaluation: (1) how bad is it, (2) how long will it last, (3) how interfering with life?
(b) Money to fix what can be fixed, help what can be helped, and make up for what can’t be fixed or
helped.

11. USE JURY VERDICT FORM FOR SUGGESTING DOLLAR AMOUNTS
    (
12. 1) Show filling in the dollar amount for economic loss
    (2) Explain why justified
    (3) Show filling in the dollar amount for non-economic damage
    (4) Explain why justified
    (5) Remind the jury that only ten jurors need to agree & burden of proof
13. CONCLUSION
    (1) Concluding comments
    (2) Verdict covers past and future until death
    (3) Verdict sets standards of conduct
    (4) Make it a verdict you can be proud of years from now