Advocating in closing arguments: avoiding the pitfalls of reversible error
Article Abstract:
There are a number of forms of argumentation in a trial's closing argument that can result in reversible error, and trial lawyers should stay current on their jurisdiction's interpretation of the fundamental error rule. Counsel should run their closing argument by the firm's appellate partner and should be willing to object during opposing counsel's closing argument. The lines of argument that could trigger a new trial include comparative verdict arguments, invocation of the golden rule, citing parties financial resources, personal opinions and misstatements of law.
Publication Name: Federation of Insurance & Corporate Counsel Quarterly
Subject: Law
ISSN: 0887-0942
Year: 1997
User Contributions:
Comment about this article or add new information about this topic:
The impact of FIRREA on insurer and surety defense litigation
Article Abstract:
The use of affirmative defenses by insurance industry employees being sued in the wake of insolvency by the Resolution Trust Corp or the Federal Deposit Insurance Corp may be limited by the limits on jurisdiction in the Financial Institutions Reform, Recovery and Enforcement Act of 1989. Conflicting decisions on the statute's effects have been handed down by the courts, but it is probably wise for people anticipating such litigation to secure an affirmative defense as soon as possible.
Publication Name: Federation of Insurance & Corporate Counsel Quarterly
Subject: Law
ISSN: 0887-0942
Year: 1995
User Contributions:
Comment about this article or add new information about this topic:
Spoliation of evidence: the trend to a new tort
Article Abstract:
Evidence spoliation is being recognized in some states as an independent tort and thus parties can seek sanctions for loss of evidence. Several elements must be satisfied to recover for spoliation, including intentionality, timing, and the victim's behavior. Courts have proven willing to dismiss or enter default judgments to remedy spoliation victims. The 50 states are surveyed as to their positions on evidence spoliation.
Publication Name: Federation of Insurance & Corporate Counsel Quarterly
Subject: Law
ISSN: 0887-0942
Year: 1999
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: Staying out of jail; keeping your license and staying out of trouble. By the letter; writing around potential malpractice hazards
- Abstracts: Educating small firms on legal technologies. Supporting firms that strive to donate services. Addressing implications of digital signatures
- Abstracts: With affirmative action rulings, more minorities look for PALS. It's time to relax and get a life, Chief Justice tells 1995's grads
- Abstracts: Meetings by video now can happen on desktop: law firms that want to use video conferencing can choose either a PC-based or a group system
- Abstracts: A case of first impression: American Indians seek cancellation of the trademarked term "Redskins." Trademark law in the computer age: applying trademark principles to the "look and feel" of software