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In the United States, the plaintiff is generally entitled to open the argument. The defendant usually goes second. The plaintiff or prosecution is usually then permitted a final rebuttal argument.
Closing arguments take place after all the evidence has been presented and both sides have rested their cases, and they have a lot of power to impact the jury's decision since it is the last thing the jury will hear.
A jury has the power to nullify, that is, to return a not guilty verdict even though the evidence is sufficient to prove all elements beyond a reasonable doubt.
The burden of proof is a legal standard that requires parties to provide evidence to demonstrate that a claim is valid. Three levels of the burden of proof, "beyond a reasonable doubt," a "preponderance of the evidence," and "clear and convincing" determine the level of evidence required for a claim. Colorado Law.
The plaintiff, having the burden of proof, usually has the right to give her closing argument first, followed by the defendant's closing argument.
A party must persuade you, by the evidence presented in court, that what he or she is required to prove is more likely to be true than not true. This is referred to as "the burden of proof."
Proof beyond a reasonable doubt is proof that leaves you firmly convinced the defendant is guilty. It is not required that the government prove guilt beyond all possible doubt. A reasonable doubt is a doubt based upon reason and common sense and is not based purely on speculation.
When a party has the burden of proving any claim [or affirmative defense] by a preponderance of the evidence, it means you must be persuaded by the evidence that the claim [or affirmative defense] is more probably true than not true.
Jury instructions are instructions for jury deliberation that are written by the judge and given to the jury. At trial, jury deliberation occurs after evidence is presented and closing arguments are made.
In its current form, Rule 30 requires that the court instruct the jury after the arguments of counsel. In some districts, usually where the state practice is otherwise, the parties prefer to stipulate to instruction before closing arguments.