THE COMPLETE JD TRIAL ADVOCACY EXAMINATION
GUIDE Questions, Answers & Rationales for
Aspiring Trial Lawyers
,**1. What is the primary purpose of an opening statement?**
A) To argue the legal significance of the evidence
B) To summarize what the evidence will show
C) To impeach opposing witnesses
D) To introduce exhibits into evidence
**Answer: B**
**Rationale:** An opening statement serves as a roadmap, providing the jury with an overview of the facts the evidence is expected to prove.
It is not the time for argument, commenting on credibility, or introducing exhibits—those functions belong to closing argument and the
evidentiary phase, respectively .
---
**2. During opening statement, counsel may NOT:**
A) State what the evidence will show
B) Introduce the parties and issues
,C) Argue the legal significance of the evidence
D) Provide a narrative of expected testimony
**Answer: C**
**Rationale:** Argument belongs in closing, not opening. The opening statement should present a coherent story of what the evidence will
demonstrate without attempting to persuade through legal argumentation or drawing conclusions for the jury .
---
**3. The "Golden Rule" of opening statements is:**
A) Never mention the burden of proof
B) Always use visual aids
C) Never promise evidence you cannot deliver
D) Always object to the opponent's opening
**Answer: C**
, **Rationale:** The cardinal rule is to state only what the evidence will actually prove. If counsel fails to deliver promised evidence, the jury
may hold it against them, and opposing counsel can highlight this failure in closing arguments .
---
**4. A case theme should be introduced:**
A) Only in closing argument
B) During voir dire and opening statement
C) Only during direct examination
D) Only in rebuttal
**Answer: B**
**Rationale:** The case theme should be woven throughout the trial, beginning with voir dire to frame the issues, reinforced in opening
statement, developed through direct examination, and emphasized in closing argument .
---
**5. What is the "primacy" effect in trial advocacy?**
GUIDE Questions, Answers & Rationales for
Aspiring Trial Lawyers
,**1. What is the primary purpose of an opening statement?**
A) To argue the legal significance of the evidence
B) To summarize what the evidence will show
C) To impeach opposing witnesses
D) To introduce exhibits into evidence
**Answer: B**
**Rationale:** An opening statement serves as a roadmap, providing the jury with an overview of the facts the evidence is expected to prove.
It is not the time for argument, commenting on credibility, or introducing exhibits—those functions belong to closing argument and the
evidentiary phase, respectively .
---
**2. During opening statement, counsel may NOT:**
A) State what the evidence will show
B) Introduce the parties and issues
,C) Argue the legal significance of the evidence
D) Provide a narrative of expected testimony
**Answer: C**
**Rationale:** Argument belongs in closing, not opening. The opening statement should present a coherent story of what the evidence will
demonstrate without attempting to persuade through legal argumentation or drawing conclusions for the jury .
---
**3. The "Golden Rule" of opening statements is:**
A) Never mention the burden of proof
B) Always use visual aids
C) Never promise evidence you cannot deliver
D) Always object to the opponent's opening
**Answer: C**
, **Rationale:** The cardinal rule is to state only what the evidence will actually prove. If counsel fails to deliver promised evidence, the jury
may hold it against them, and opposing counsel can highlight this failure in closing arguments .
---
**4. A case theme should be introduced:**
A) Only in closing argument
B) During voir dire and opening statement
C) Only during direct examination
D) Only in rebuttal
**Answer: B**
**Rationale:** The case theme should be woven throughout the trial, beginning with voir dire to frame the issues, reinforced in opening
statement, developed through direct examination, and emphasized in closing argument .
---
**5. What is the "primacy" effect in trial advocacy?**
