Summary: The summing up is the concluding argument presented by a lawyer in a court case. It serves as a recap of the crucial evidence presented in the case by the judge. Additionally, the judge provides instructions to the jury on how to interpret the law in relation to the evidence. The summing up occurs after the lawyers’ closing speeches.
Summing up in English law refers to the final arguments made by lawyers in a court case and the review of key evidence and instructions given by a judge to the jury. For example, during a trial, both the defence and prosecution lawyers present their arguments and evidence. The judge then reviews the key points of evidence and instructs the jury on the applicable law before they make their decision. In a criminal trial, the defence lawyer may use the summing up to persuade the jury that their client is not guilty, highlighting inconsistencies in the prosecution’s case or presenting alternative explanations for the evidence. These examples demonstrate the importance of summing up in a court case, as it allows lawyers to make their final arguments and for the judge to provide guidance to the jury before they reach a decision.
A summing up, also known as a closing argument, is the final statement made by each party’s legal representative at the end of a trial. It is an opportunity for the lawyers to summarize the evidence presented, highlight key points, and persuade the judge or jury to rule in their client’s favor.
The purpose of a summing up is to provide a comprehensive overview of the case, emphasizing the strengths of one’s own arguments and weaknesses in the opposing party’s case. It aims to leave a lasting impression on the decision-makers and influence their final verdict.
The summing up is typically delivered by the lawyers representing each party. The plaintiff’s lawyer presents their closing argument first, followed by the defendant’s lawyer. In some cases, the judge may also provide a summing up to guide the jury’s deliberations.
No, the summing up is not an opportunity to introduce new evidence. It is solely meant to summarize the evidence already presented during the trial. Any attempt to introduce new evidence during the summing up would likely be objected to and deemed inadmissible.
The duration of a summing up can vary depending on the complexity of the case and the number of issues to be addressed. Generally, it can range from a few minutes to several hours. The court may impose time limits to ensure fairness and efficiency.
Yes, the summing up plays a crucial role in shaping the judge’s or jury’s opinion. It allows the lawyers to present their strongest arguments, highlight key evidence, and address any doubts or inconsistencies. However, the ultimate decision rests with the judge or jury, who must weigh all the evidence and apply the law impartially.
If a lawyer fails to deliver a summing up, it can be detrimental to their client’s case. The absence of a closing argument may leave important points unaddressed and weaken the overall presentation. It is generally considered a professional responsibility for lawyers to provide a summing up.
In some cases, a summing up can be challenged or appealed if it is believed to be biased, prejudiced, or contains errors of law. However, successfully challenging a summing up is often difficult, as courts generally afford a significant degree of discretion to judges and juries in evaluating the evidence and delivering their verdict.
No, a summing up is not considered evidence in itself. It is a persuasive argument made by the lawyers to summarize the evidence already presented. However, the transcript or recording of a summing up may be used as a reference or for legal research purposes in future cases.
In some cases, parties may agree to waive the summing up if they believe it is unnecessary or if they have reached a settlement. However, it is generally advisable to take advantage of the opportunity to deliver a summing up, as it can significantly impact the outcome of the case.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/summing-up/
- Modern Language Association (MLA):Summing Up. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/summing-up/.
- Chicago Manual of Style (CMS):Summing Up. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/summing-up/ (accessed: May 09 2024).
- American Psychological Association (APA):Summing Up. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/summing-up/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts