Also known as: closing statements · closing argument · summation
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A written breakdown of all financial aspects of a real estate transfer. It itemizes purchase price, prorated taxes, fees, payoffs, and adjustments so that the parties can verify the amounts due at closing.
A written breakdown of all financial aspects of a real estate transfer. It itemizes purchase price, prorated taxes, fees, payoffs, and adjustments so that the parties can verify the amounts due at closing.
Select any source to read its text and confirm it supports the definition.
The final summation presented by counsel after the close of evidence. It summarizes the evidence, applies the law to the facts, and urges the fact-finder to reach a particular verdict or judgment.
Select any source to read its text and confirm it supports the definition.
The final summation presented by counsel after the close of evidence. It summarizes the evidence, applies the law to the facts, and urges the fact-finder to reach a particular verdict or judgment.
Each sense below has its own examples, sources, and questions.
Cade Carpenter agreed to sell waterfront property to Crystal Dynamics. Silver Inns, the title agent, circulated a draft closing statement that required Carpenter to pay off an old easement before deed delivery. Carpenter refused, pointing to the deed's express exception for the easement. Because the closing statement and deed were inconsistent on the encumbrance, the parties could not close until the title agent reconciled the documents.
A closing statement itemizes the purchase price, prorated taxes and rents, title insurance premiums, recording fees, payoff amounts for existing liens, and any credits or adjustments between buyer and seller. Lawyers and title agents review these figures to confirm that title will pass free of unaddressed encumbrances.
Supporting sources
The appointment terminates one year after the closing statement is filed, provided no proceedings involving the personal representative are then pending. The statement must also have been sent to all distributees and known unpaid claimants.
Supporting sources
In a federal fraud trial against Connor Clark, the prosecutor gave only a brief opening summation and announced she would save most of her argument for rebuttal. Defense counsel objected. The court sustained the objection and required the government to present its full closing argument before the defense spoke, preserving the required sequence of government, defense, and limited rebuttal.
The government presents its closing first, the defense responds, and the government may then offer a rebuttal limited to issues raised by the defense. This sequence prevents the prosecution from withholding its main argument until after the defense has spoken.
Supporting sources
No. The Fifth Amendment forbids the prosecutor or the court from inviting the jury to treat the defendant's silence as substantive evidence of guilt. Such comments violate the privilege against self-incrimination even if framed as going to intent or credibility.
Supporting sources
…is readily explained. More importantly, the phrase has never been taken to be a considered, comprehensive, and authoritative summation of the provisions of § 1983. As this Court said over a century ago and has since repeated, "In expounding a statute, we must not be guided by a single sentence or member of a sentence, but…