Argument Method in Trial (Example included)

What is meant by “Legal Argument”?

In a case or civil suit after taking evidence and before the judgment parties (advocates) try to establish their point before the court, they argue before the judge on the question of law and question of fact based on the documents and evidence they have received during the trial. Parties try to convince the judge to their favour with logic and legal interpretation. This is known as a legal argument or argument in general. Argument can be considered the final chance to win a case.

Argument is one of the key factors that give lawyer leverage to win in a particular case, to present a powerful argument a lawyer must have certain skills which can be achieved through the continuous practice and by following powerful Argument method.

Here are some well-established methods of argument to try before the court, it will clearly make you more capable for your oral presentation and will make you more confident with your case.

Argument Method:

  • Start with the theme of the case;
  • State briefly your case;
  • Analyse facts and statements made by the witnesses and Show how they are relevant to prove your case;
  • Cite relevant laws, Case laws and explain how they support your facts;
  • Refer facts and laws in relation to the basic ingredients, the proof of which will justify an order by the court in your favour.

At the end of the submission pray for relief.

 

Why the Argument is needed and when to proceed and how.?

Advocates present their argument before the honourable judge to persuade the judge so that he is both legally and logically satisfied to provide positive judgment for his (advocates) client.

An Advocate provides reasons based on evidence of witnesses and exhibits. He also uses logic, analysis, passion, emotion, to be convinced the judge.

Element to point out in an argument:

  1. Issues in dispute
  2. Relating facts to the law (elements of offence)
  3. Standard of proof, onus, defences

 

Criminal vs. Civil Matters

Criminal Matter:

  • In a criminal matter, the Issues presented before the court is called a  “Case” or “Criminal Case”.
  • The parties are known as:
    • Prosecution: Victim, who is represented by the government (Public Prosecutor)
    • Defence: Accused Person
  • Judgement is given as Guilty or Not Guilty
  • Judgement of the case is given based on proof of every element with beyond reasonable doubt (without any doubt)

Criminal – to prove the offence against the accused without any reasonable doubt.

  • # Rumor some time, not every time
  • # Start with a positive point (important point)
  • # Finish on a strong point or an argument

Civil Matter:

  • In a Civil matter, the Issues presented before the court is called a “Suit” or “Civil Suit”. It can be presented as an application too.
  • The parties are known as:
    • Plaintiff: Who present the case before the court to get the judgment.
    • Defendant: The opposite party/s
  • Judgement is given based on the balance of probability
  • The result came out as Judgment for Plaintiff or Defendant

Civil- Proof the document

  • # The balance of probability

Argument Structure:

In Arguments, the structure may be:

  1. Facts (Pleading)
  2. Evidence – Oral and Documentary
  3. Law – Statute & Judge-made law.

Before the Argument, homework has to be done in the chamber in the following ways:

  • 1. To Marshall the fact of the pleading i.e. Plaint or Written Statement
  • 2. To go through the evidence both Oral and Documentary
  • 3. To see the relevant law both Statute and Judge made law
  • 4. To decide the points to be argued
  • 5. The argument must be advanced, pointwise that is one by one.

The format of an argument may be:

  • 1. Facts
  • 2. Evidence
  • 3. Law
  • 4. Decision.

Court arguments

Argument Example

Argument by plaintiff/prosecution

Your honour,

This is a Title Suit. I am for the plaintiff. The fact of the suit is straightforward and crystal clear. The plaintiff inherited the suit property from his father. While enjoying the property by the plaintiff the defendant claimed the ownership of it.

Your honour,

The plaintiff is enjoying the suit property since last six years uninterruptedly after the death of his father. He muted his name and paying all taxes, charges and others in time. He is also in the possession of that land. But recently the defendant of this suit claimed the ownership of the land as him. He also claimed that the defendant has purchased the suit land from the plaintiff’s father which is false and baseless.

Your honour

The plaintiff has proved the suit in favour of him through the evidence of the witnesses, title deeds, documents, papers and others.

Your honour

At the time of the trial, the witnesses were examined.

PW1 said,………… PW2 said,………… PW3 said,………

Your Honour

DW1 said,…… DW2 said,……… DW3 said,…….

The statements made all the DW are baseless, false and vexatious

Your honour

In 32 DLR it is said that, …….. In 45 DLR it is observed that ……… In 55 DLR it is said that

Your honour

The plaintiff has proved the suit in favour of him and the balance of probability of the suit is totally is in favour of the plaintiff. I want the judgment and decree of the suit in favour of the plaintiff with the cost.

 

Argument by defendant / defence

Your honour

This is a Title suit. I am for the Defendant. The plaintiff suit is that the suit land belongs to him as he inherited the suit from his father which is false and baseless. Actually, the defendant of this suit purchased the suit land from the father of the plaintiff.

Your honour

That the plaintiff purchased the suit land from the plaintiff’s father on 02.3.2001 vide title deed no 1815 of 2001. After that, the defendant went abroad for a job and could not mute his name. Recently the defendant returned home and claimed the possession of the suit land, but the plaintiff denied his claim and filed the suit.

Your Honour

The statements made by the PWs are dissimilar and baseless.

Your honour

The DW1 said,…… The DW2 said, ……… The DW 3 said ………

Your honour

At the time of the trial, the witnesses were examined.

PW1 said,… PW2 said… PW3 said..

Your honour

In 32 DLR ….. In 54 DLR… In 34 DLR…

Your honour

The plaintiff has failed to prove the suit and all statements made the PWs are baseless, false and vexatious. The defendant has proved the suit and balance of probability is in favour of the defendant.

Your honour

The defendant has proved the suit through title deed, documents, papers and others. I want before the learned court to dismiss the suit and give the judgment and decree in favour of the defendant with cost.

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Rayhanul Islam

Rayhanul Islam

Rayhanul Islam is a lawyer by profession, he is also a researcher. Critical thinking is his main focus. He is the founder and Editor in Chief of Law Help BD. He is on a quest to bring positive change to the legal sector of Bangladesh. He promotes legal knowledge and human right concept to the root level. e-mail: rayhan@lawhelpbd.com

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