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Telling the Story

Telling the Story. The factual basis and “facts beyond change”. What is this case about?. The Complaint (p. 14): Lists out the facts and legal reasons that the plaintiff believes are sufficient to get a remedy. In this case: What facts are in the complaint? What legal reasons are given?

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Telling the Story

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  1. Telling the Story The factual basis and “facts beyond change” By: Margaret Flynt, Esq.

  2. What is this case about? • The Complaint (p. 14): Lists out the facts and legal reasons that the plaintiff believes are sufficient to get a remedy. • In this case: • What facts are in the complaint? • What legal reasons are given? • What remedy is sought?

  3. What is this case about? • The Answer (p. 16): A written response to a complaint detailing why the plaintiff should not get the relief sought. • In this case: • What facts are in the answer? • What legal reasons are given? • What remedy is sought? (What is the defendant asking the court to do?

  4. Analysis of the Case • Who are the parties in this case?

  5. Telling the Story—Necessary Facts • The facts you must have to tell the story—the bare bones. • From the Plaintiff’s point of view, which facts are necessary to telling the story? • If you were in an elevator with someone and had to tell them the Plaintiff’s side of the story, what would you say? • From the Defendant’s point of view, which facts are necessary to telling their side of the story?

  6. Telling the Story—Bad Facts • Every case has bad facts, and you have to address them throughout your presentation—do not ignore them! • From the Plaintiff’s point of view, which facts are the most harmful? • From the Defendant’s point of view, which facts are the most harmful?

  7. Facts Beyond Change • Facts that will be believed by the jury as accurate, honest, and truthful, regardless of best efforts to dispute or modify them. • Important because: • You don’t risk your credibility. • The jury will believe the facts and there is nothing the other side can do to flip them. • The other side can’t take them out of context. • What are the indisputable facts in this case that both sides can agree on?

  8. For next Monday: • Lawyers: Come up with your own “story” of what happened for your specific role. (Plaintiff or Defendant.) • Take into account the: • Necessary facts • Bad facts • Facts Beyond Change • Witnesses: Learn your own character and his/her story. (Facts in your affidavit.) Prepare to be questioned (without notes!) about specific facts by the student attorneys next week.

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