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Aim: How is creating a persuasive story instrumental to resolving factual disputes at trial?

Aim: How is creating a persuasive story instrumental to resolving factual disputes at trial?. Do Now: What is the function of a trial? Answer: Resolve Factual Dispute. What questions should be answered at trial?. What happened? What happened first? Why did it happen? Who made it happen?

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Aim: How is creating a persuasive story instrumental to resolving factual disputes at trial?

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  1. Aim: How is creating a persuasive story instrumental to resolving factual disputes at trial? Do Now: What is the function of a trial? Answer: Resolve Factual Dispute

  2. What questions should be answered at trial? • What happened? • What happened first? • Why did it happen? • Who made it happen? • Did it happen on purpose? • Was it fair? • Note: All these questions are resolved by accumulating information about past events.

  3. Trial as a Story • Grammar = Rules of Procedure and Evidence • Conclusion = Elements of the Applicable substantive Law • Plot (mise-en-scene) = Facts • Therefore, the party who succeeds in telling the most persuasive story should win.

  4. Persuasive Story can establish an affirmative case if: • It is told about people who have reasons for the way they act. • It accounts for or explains all of the known or undeniable facts • It is told by credible witnesses • It is supported by details • It accords with common sense and contains no implausible elements • It is organized in a manner that makes each succeeding fact increasingly more likely

  5. Defense • Tell Counter-stories that negate the aforementioned aspects of the other side’s case.

  6. Today’s Assignment • Split into two groups –Plaintiffs and Defendants • Review all the evidence: Case summary, timeline, affidavits, exhibits (if applicable) • Review the case law • Review the Complaint and answer to determine what facts are in dispute. • DEVELOP A THEORY of the case. • Theory: • Witness testimony – what will it be used to prove • Evidence – what will it be used to show

  7. ROLES Opening: Atty? Opening: Atty ? Closing: Atty? Closing: Atty?

  8. Today’s Assignment Due Friday: PREPARE DIRECT EXAMINATIONS Due Tuesday: Prepare Opening Statements,

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