HOW TO CONSTRUCT COMPETITIVE COMPELLING CLOSING COMMENTS
A Quick-Start Guide on Closing Arguments
By Collin Metcalf
What is a closing argument?
A closing in Mock Trial is a five minute address given at the very end of trial by both the prosecution/plaintiff
and defense. The prosecution has the right to reserve up to (3?) minutes for rebuttal, but that is irrelevant for
tryout purposes. Closings often have improvised portions, but for this tryout, a closing will be a five minute
prepared speech.
The Rules
1.) Your closing should be UNDER five minutes. Preferably, you end within the 4:30 to 4:55 mark. Luckily, for
the vast majority of speakers five minutes equates to about 650-700 words or roughly two and a half pages.
However, you should time your closing argument multiple times to ensure it is within the limit. Do not go solely
off of the above guidelines, as they change for each speaker. 2.) Your closing should make an argument. This
may seem obvious, but many do not execute this fundamental part correctly. 3.) Your closing should be
memorized. 4.) Your closing should be emotionally compelling and logically sound. 5.) Your closing should
have a clear theme
The Execution/Structure
Introduction
THEME
Explanation of Burden
Charge(s)
element 1
argument w/THEME
witness
witness
element 2
argument w/THEME
witness
witness
element 3
argument w/THEME
witness
witness
Emotional Appeal
THEME
This is an example of a simple closing structure. This is the structure you should use for tryouts.
Explanation of Burden
This part is probably the easiest to write. The burden of proof in a civil case is by a preponderance of the
evidence, which means one side has to provide more evidence than the other. Basically, it’s a proof contest.
51% on your side of the case means you win. A criminal trial’s burden in beyond a reasonable doubt This
burden falls ENTIRELY on the prosecution. This burden is heavy, and if you’re the defense, you should
emphasize that! The prosecution must meet every element of every charge to the point that the jury’s
reasonable doubts are completely extinguished. Take note of the word reasonable though-- the burden is not
“beyond any doubt.”
Charges
The charges and elements of those charges are listed within the case materials (near the front). This
composes the bulk of your closing. You want to walk the jury through each element. The average juror reads at
a sixth grade level, so keep it simple. However, DO NOT be condescending. That’s a great way to get tanked
by any judge. Make sure to argue why that element is fulfilled/not fulfilled and use two witnesses for all
elements in contention. Note that some elements will not be contended. For elements not in contention (for
instance, that a person died in a wrongful death case), there is no need to use witnesses as justification.
Simply state “this is an undisputed element” and make clear to the jury that there is nothing to prove. When
you use a witness make sure to name them and use their qualifications/position in the case to backup their
testimony. For instance, a doctor is a “medical expert” and a bystander is an “eye-witness.” The jury should
never question the credibility of the witnesses you are using to back/rebut the elements.
Theme
The THEME is a catchy phrase/metaphor/device threaded through the entirety of your closing. Notice the
theme appears five times in this outline. That is a minimum. It is vital you come up with a theme (even if it is
EXTREMELY cheesy!) to thread through your closing for tryouts. Demonstration of clear understanding of
theme goes a long way. An example of theme appears in the example closing provided with this guide.
THEME is arguably the most important single component of a case. Make sure to use one in your closing.
Emotional Appeals
Ultimately, your effectiveness in the courtroom will come down to how you tug at the heartstrings. Closing is
my favorite part of a trial because there are virtually no limitations. SO PUNCH UP THE LANGUAGE! Instead
of sad, the family is devastated. Instead of harmed, the victim was crippled. Instead of responsible, the
defendant is grossly negligent.
An effective emotional appeal can turn the tide of a trial and boost your score in a major way. SO USE THEM.
Delivery
Finally, and perhaps most importantly, you should practice your delivery again and again for trial.
1.) Gestures. Make sure you’re using them effectively. Above your waist and inside your shoulders, unless
you’re emphasizing something very big. DO NOT OVER GESTURE. Use only when appropriate.
2.) Inflection. The most common downside in someone’s delivery is a completely even tone. Vary it up! Get
quiet at certain points and louder at others. Change the pattern of your vocal delivery to keep people involved.
3.) Passion. If you don’t care about your client, why should the jury? Make sure we can clearly see your
passion at all times! Be invested, even if this is fake. CARE
4.) Effective movement. If I were to judge a closing, the number one thing I would drop a person’s score for is
pacing. I don’t care what you’ve heard-- pacing is distracting and ineffective movement. However, you
should move. Each time you’re transitioning to a new point, walk several steps to the left or two the right.
Ideally, your movement should start center, go left/right, go back to center, go the opposite direction of the first
move, then return to center, with each of your closing’s sections.
May it please the court? Your honor, opposing council, members of the jury.
Today you heard a story of a man who lost his wife to Neptune Underwater Expeditions’ reckless
conduct. You heard Andy Allen tell the chilling tale of his wife’s demise in the face of Neptune’s inaction.
Today you heard a simple idea—they knew, and did nothing.
Our burden of proof today was by a preponderance of the evidence, which means we had to prove the
defense’s conduct was more likely than not a result of recklessness on their part. In a criminal trial proof must
be beyond a reasonable doubt, which weighs heavily on the scales of justice. But our burden in todays case is
much lighter. If we provide enough evidence to support our claims by 51%, then you must find in favor of the
plaintiff. We met our burden easily.
We brought forth the charge of recklessness, which your jury instructions will inform you has four
essential elements. First, we had to show the defendant owed a duty of care to the plaintiff. This was a
stipulation of today’s case, admitted by the defendant in their answer before the trial even began.
Second, we had to prove to you that the defendant breached that duty. Your jury instructions will tell
you this can occur in thirteen different ways. You heard from Andy Allen, who told you of how Neptune
expeditions took he and his wife’s 20,000 dollars cash without inquiring even once about their physical wellbeing, and barely questioning their diving experience. He told you of how Neptune offered no instruction or
safety tips before very challenging dives. He described how his wife was partnered with the divemaster-Reggie Rodgers-- a move he learned in the most basic scuba safety class is not allowed. And finally he told you
of the day he lost his wife-- of Reggie Rodgers surfacing from the Hepburn dive without her. All of this
testimony proves the defendant’s recklessness- of their disregard for the safety of their customers.
The third element requires us to prove the cost of such recklessness-- to show you that as a result of that
recklessness, Lee Allen suffered severe injury or death. It is an indisputed fact today that Lee Allen died in the
water beneath the Hepburn expedition.
Finally, we had to show that Neptune’s conduct caused Lee Allen’s death. Today you heard the
testimony of Frankie Fernandez and River Tran. Fernandez told you of Lee Allen’s struggles in the water before
the Hepburn dive, and how she was allowed to dive anyway. He told you of how Neptune knew—how they
knew, and did nothing. You also heard from River Tran, a medical expert,who testified of the various industry
standards Neptune violated- of how they failed to use time tested scuba safety techniques. Neptune knew of
these techniques, and failed to use them. They were aware of industry standards, and failed to follow them.
They knew, and did nothing.
When you return to the jury room we ask that you find for Andy Allen. We cannot bring his wife back,
but we can ensure this tragedy never happens again by making Neptune pay for its conduct. The defense is
about to come up here and tell you that Neptune didn’t know and that they did take action. But you’ve heard the
testimony, you’ve heard the facts-- Neptune knew Lee was having trouble, and they allowed her to dive anyway.
They knew, and did nothing. Find for the plaintiff today, thank you.