Argument method

The argument is one of the key factors that give a 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.

Arguments:

  • 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 and 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 and order by the court in your favour.

At the end pray for relief.

 

CLOSING/ FINAL ADDRESS/ ARGUMENT


Advocates- Arguments to the judge why your client should win

AIM – To persuade the judge

ARGUMENTS:

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

WHY- Give reasons based on evidence of witnesses & exhibits

CLIENT

  1.  Prosecution or Defence
  2.  Plaintiff and Defendant

WIN

  1. Guilty or not guilty
  2. Judgment for Plaintiff or Defendant

PERUSADE

 (i) Use of logic, analysis, passion, emotion, to be convincing. # Chronological subject and topic

Civil- Proof the document

  • # The balance of probability

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

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

 

In Arguments the structure may be –

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

Before Argument home work 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. Argument must be advanced, point wise that is one by one.

The format of an argument may be –

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

ARGUMENTS (PLAINTIFF/PROSECUTION)

Your honour

This is a Title Suit. I am for the plaintiff. The fact of the suit is very simple and crystal clear. The plaintiff inherited the suit property from is 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 pliantiff’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 trial the witnesses were examined.

PW1 said………………

PW2 said……………..

PW3 said……………..

PW4 said………………..

Your Honour

DW1 said……

DW2 said………

DW3 said…….

DW4 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 said 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 cost.

ARGUMENTS (DEFENDANT/PROSECUTION)

Your honour

This is a Title suit. I am for the Defendant. The plaintiff suit is that the suit land is 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 to 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 ……………

The DW4 said…………

Your honour

At the time of trial the witnesses were examined.

PW1 said…

PW2 said…

PW3 said..

PW4 said…….

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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