Analyzing the Connor Case. Joel B. Kohm email@example.com 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 Joel B. Kohm firstname.lastname@example.org 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
Litigation as Persuasion Facts Emotion + Theory Theme Story =
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
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?
Thematic Facts Questions and answers must come within the terms of relevance.
Plaintiff’s Judgment Elements of COA (Primary) Material Facts
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
Elements of COA (Primary) Material Facts (Secondary) Material Facts Contextual Facts Atmospheric (Prejudicial) Facts Irrelevant (Prejudicial) Facts
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)?
NO YES • No IOU / promissory note • Pat cashed interest bearing GIC to fund loan Chris agreed to pay 8% interest.
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?
NO YES Material Fact? Theme?