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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)

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Page 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

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)

Page 2: 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

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?

Page 3: 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

GRAY INTERVIEW #1

BODDICKER’S LAWYERS

Page 4: 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

GRAY INTERVIEW #2

LAWYERS FOR

BOGGS & MARTINEZ

Page 5: 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

GRAY INTERVIEW #3

FOLLOW-UP QUESTIONS FROM THE AUDIENCE

Page 6: 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

GRAY INTERVIEW

THANK YOU to

ANDREA CORTLAND

Page 7: 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

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

Page 8: 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

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?

Page 9: 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

FACTS v. EVIDENCETwo Sets of Problems

Discovering Facts:1. What Witness Knows

2. What Lawyer Can Get From Witness

Page 10: 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

What Witness Knows1. Ability to Perceive

2. Ability to Remember

3. Interpretation by Witness

Page 11: 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

What Witness Knows1. Ability to Perceive

• Physical Limits of Witness

• Situation-Specific Limits

2. Ability to Remember

3. Interpretation by Witness

Page 12: 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

What Witness Knows1. Ability to Perceive

2. Ability to Remember– Clearly Limited in Fact

– When Likely to Improve? (Wigmore)

3. Interpretation by Witness

Page 13: 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

Interpretation by Witness

To explain & fill-in what we see, we tell ourselves stories

Page 14: 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

“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 MM M

Page 15: 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

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

Page 16: 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
Page 17: 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

Interpretation by Witness

1. To explain & fill-in what we see, individual story-telling

2. Memory itself involves interpretation

– Memory is malleable; changes with retellings

– Mind fills in gaps

Page 18: 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

What Lawyer Can Get From Witness

• Witness Issues

• Lawyer Issues

Page 19: 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

What Lawyer Can Get From Witness

• Witness Issues– Ability to Communicate

– Willingness to Communicate

• Lawyer Issues

Page 20: 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

What Lawyer Can Get From Witness

• Witness Issues– Ability to Communicate

– Willingness to Communicate

• Lawyer Issues– Questioning Process

– Lawyer’s Own Interpretations

Page 21: 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

FACTS v. EVIDENCE“FACTS” OF CASE

DEPENDENT ON LAWYER’s CONSTRUCTION &

PRESENTATION

Page 22: 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

FACTS v. EVIDENCEWHAT REALLY HAPPENED?

• Can’t Know Facts For Sure

Page 23: 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

FACTS v. EVIDENCEWHAT REALLY HAPPENED?• Can’t Know Facts For Sure

• Just Have Evidence: “Fragments of the Day”


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