1 / 23

PLACE ASSIGNMENT II FACE DOWN IN BOX

PLACE ASSIGNMENT II FACE DOWN IN BOX. Please Take Seats Early So We Can Start Right Away Defendant Interview Team in Front of Room Plaintiff Interview Team in Back Row for Easy Exit All Turn to “Someone in a Tree” (S68). Someone in a Tree (1976).

vivianmelton
Download Presentation

PLACE ASSIGNMENT II FACE DOWN IN BOX

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. PLACE ASSIGNMENT II FACE DOWN IN BOX • Please Take Seats Early So We Can Start Right Away • Defendant Interview Team in Front of Room • Plaintiff Interview Team in Back Row for Easy Exit • All Turn to “Someone in a Tree” (S68)

  2. Someone in a Tree (1976) • Narrator (“Reciter”) complains that there were no witnesses to the meeting at which Admiral Perry & the Japanese signed treaty • Two witnesses--boy in tree & Samurai under building—come forward: • How do they know what they know? • How reliable are they?

  3. GRAY INTERVIEW #1 BODDICKER’S LAWYERS

  4. GRAY INTERVIEW #2 LAWYERS FOR BOGGS & MARTINEZ

  5. GRAY INTERVIEW #3 FOLLOW-UP QUESTIONS FROM THE AUDIENCE

  6. GRAY INTERVIEW THANK YOU to ANDREA CORTLAND

  7. LOGISTICS • INFO MEMO #3 POSTED AFTER CLASS • Property Midterm Info • Exam Tips • Comments on Assignment II (Prior Classes) • CHAPTER 6 POSTED BY TOMORROW • OFFICE HOURS THIS WEEK • Cancelled Today • Thursday 2-5 pm • Saturday 2-6 pm

  8. ASSIGNMENT II FOLLOW-UP • Both Sets of Materials Posted After Class • To Get Maximum Benefit: • Read Other Side’s Info • Look at Other Group’s Submissions • Compare to Comments on Prior Classes • Legal Issues for Review • D would contest Continuity & Exclusivity • Best Arguments for Each Side?

  9. FACTS v.EVIDENCE Two Sets of Problems Discovering Facts: • What Witness Knows • What Lawyer Can Get From Witness

  10. What Witness Knows • Ability to Perceive • Ability to Remember • Interpretation by Witness

  11. What Witness Knows • Ability to Perceive • Physical Limits of Witness • Situation-Specific Limits • Ability to Remember • Interpretation by Witness

  12. What Witness Knows • Ability to Perceive • Ability to Remember • Clearly Limited in Fact • When Likely to Improve? (Wigmore) • Interpretation by Witness

  13. Interpretation by Witness To explain & fill-in what we see, we tell ourselves stories

  14. “I don’t know if that’s our flock or another flock or just a bunch of little M’s.” M M M M M M M M M

  15. Interpretation by Witness To explain & fill-in what we see, we tell ourselves stories • Determined by Prior Experience • Determined by Stereotypes/Bias so very individual

  16. Interpretation by Witness • To explain & fill-in what we see, individual story-telling • Memory itself involves interpretation • Memory is malleable; changes with retellings • Mind fills in gaps

  17. What Lawyer Can Get From Witness • Witness Issues • Lawyer Issues

  18. What Lawyer Can Get From Witness • Witness Issues • Ability to Communicate • Willingness to Communicate • Lawyer Issues

  19. What Lawyer Can Get From Witness • Witness Issues • Ability to Communicate • Willingness to Communicate • Lawyer Issues • Questioning Process • Lawyer’s Own Interpretations

  20. FACTS v.EVIDENCE “FACTS” OF CASE DEPENDENT ON LAWYER’s CONSTRUCTION & PRESENTATION

  21. FACTS v.EVIDENCE WHAT REALLY HAPPENED? • Can’t Know Facts For Sure

  22. FACTS v.EVIDENCE WHAT REALLY HAPPENED? • Can’t Know Facts For Sure • Just HaveEvidence: “Fragments of the Day”

More Related