- What is Argument in General Sense ?
- An argument is a statement or set of statements that you use in order to try to convince people that your opinion about something is correct.
- A closing argument, summation, or summing up is the concluding statement of each party’s counsel reiterating the important arguments for the trier of fact, often the jury, in a court case. A closing argument occurs after the presentation of evidence. A closing argument may not contain any new information and may only use evidence introduced at trial. It is not customary to raise objections during closing arguments, except for egregious behavior.[1] However, such objections, when made, can prove critical later in order to preserve appellate issues.
- Generally in a Civil Case & Criminal Case the Argument is Different but in Whole the Argument is of two for Question of Fact and Question of Law.
- There are different Stages and as per the stage wise different on particular topic you are required to do argument.
Example :-
- In a Remand Case, There is a specific argument is that whether the reasons cited by the investigation officer is valid for further investigation. where presence of accused is required or not.
- In a Bail Case, The Presence of Accused in the Court during trial is in the centre point. Bail is right and jail is exception, and the personal liberty of the person is most important than any other thing. you have to prove in your argument that accused has not done this offence intentionally. and he is not habitual offender.
- While in Final Argument of the case , you have make center point of only evidence and complain. if the Evidence presented by the complainant / Police Officer is Valid and Proved that accused have done the act specifiy in the Chargesheet ? or not. You have to prove that the Fact of case and evidence presented for that has no relevancy.
But In a Broad Way – Argument must be for 5 Types :-
- To Prove a question of fact, lawyers call witnesses and introduce exhibits.
- To, Prove a question of Law , Lawyers create valid legal arguments, drawing on legal text, intent, precedent, traditions and policy.
- The different legitimate types of legal argument are the “data” that lawyers use to prove what the law is
- Argument on TEXT
- Argument on Intent
- Argument on Precedent
- Argument on Tradition
- Argument on Policy.
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Each Type of Argument has different strengths and Weakness. and may be attacked or evaluated in different ways.
- Argument is the Tool for Advocate to Prove his Case in Court
- For Judges Arguments Helps to come in to conclusion.
- Finally, Argument must confined to Clean Worlds which directly Hit the Face & Evidence of the Case.