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Analyzing the Connor Case. Joel B. Kohm jbkohm@shaw.ca December 2011. Litigation as a Persuasion. Review Connor v. Connor Case Analysis of Connor v Connor Component’s of persuasion Theme Theory Developing lines of discovery. Law. Facts. Emotion. Litigation as a Persuasion. Judgment.

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Analyzing the Connor Case


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    1. Analyzing the Connor Case Joel B. Kohm jbkohm@shaw.ca December 2011

    2. Litigation as a Persuasion • Review Connor v. Connor • Case Analysis of Connor v Connor • Component’s of persuasion • Theme • Theory • Developing lines of discovery

    3. Law Facts Emotion Litigation as a Persuasion Judgment

    4. Litigation as Persuasion Facts Emotion + Theory Theme Story =

    5. Theme

    6. Theme of the Case Definition of Theme of the Case • Underlying non-legal, emotional, social, psychological concept of case • Consistent with known and undeniable facts • Establishes your client’s moral high ground Importance of Theme of the Case • Remember theme over details • Courts want to do the right thing • Every case has a theme, whether you intend it or not

    7. Establishing the Connor Case Theme • Plaintiff: What is Pat’s moral high ground? • Facts, Documents • Witnesses • What else? • Defendant: What is Chris’s moral high ground? • Facts, Documents • Witnesses • What else?

    8. Thematic Facts Questions and answers must come within the terms of relevance.

    9. Theory

    10. Plaintiff’s Judgment Elements of COA (Primary) Material Facts

    11. Parties Terms Breach Damages Cr = Pat Connor Dr = Chris Connor 1.Chris will repay loan when Inherits cottage 2. 8% interest No repayment, despite inheriting cottage $125,000 + 8% int Evidence (Direct & Circumstantial) Witness Docs Other $125,000 + 8% interest Breach of Contract (Primary) Material Facts (Secondary) Material Facts

    12. Elements of COA (Primary) Material Facts (Secondary) Material Facts Contextual Facts Atmospheric (Prejudicial) Facts Irrelevant (Prejudicial) Facts

    13. Evidence (Direct & Circumstantial) Witness Docs Other Chris agreed to pay 8% interest. • Who has direct knowledge of the existence of this material fact? • 2. What other facts or non-facts make it more likely that this material fact is true? • 3. Putting it another way… if the plaintiff’s theory that the defendant agreed to pay 8% interest is true, what else is true (before, during or after the agreement to pay interest)?

    14. NO YES • No IOU / promissory note • Pat cashed interest bearing GIC to fund loan Chris agreed to pay 8% interest.

    15. 2o Material Facts March toward your conclusion! There was no IOU because there was no term of the agreement to pay interest. What questions & answers lead to this conclusion?

    16. NO YES Material Fact? Theme?