Answer to Question 1
In their closing arguments, the attorneys summarize their presentations and argue in their clients' favor. A closing argument should include all of the major points that support the client's case. It should also emphasize the shortcomings of the opposing party's case. Jurors will view a closing argument with some skepticism if it merely recites the central points of a party's claim or defense without also responding to the unfavorable facts or issues raised by the other side. Neither attorney wants to focus too much on the other side's position, but the elements of the opposing position do need to be acknowledged and their flaws highlighted. Both attorneys will want to organize their presentations so they can explain their arguments and show the jury how their arguments are supported by the evidence.
Answer to Question 2
During direct examination, an attorney usually will not be permitted to ask leading questions, which are questions that lead the witness to a particular desired response. Leading questions discourage witnesses from telling their stories in their own words.
When an attorney is dealing with hostile witnesses (uncooperative witnesses or those who are testifying on behalf of the other party), however, he is normally permitted to ask leading questions. This is because hostile witnesses may be uncommunicative and unwilling to describe the events they witnessed. Therefore, to elicit information from this witness, the attorney would be permitted to use leading questions, which would force the witness to respond to the question at issue.
An attorney typically uses leading questions during cross-examination (since the witness is hostile).
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