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Music: A Stephen Sondheim Evening (1983) Take Seats Early So We Can Begin On Time

Section C1 SIT Section E1  Coordinators: Put Assmt #2 Face Down in Basket on Front Swivel Chair. Music: A Stephen Sondheim Evening (1983) Take Seats Early So We Can Begin On Time. We’re Skipping Normal Interview Starting Procedure. Welcome & Small Talk Offering Coffee or Soft Drinks

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Music: A Stephen Sondheim Evening (1983) Take Seats Early So We Can Begin On Time

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  1. Section C1 SITSection E1Coordinators: Put Assmt #2 Face Down in Basket on Front Swivel Chair • Music: A Stephen Sondheim Evening (1983) • Take Seats Early So We Can Begin On Time

  2. We’re Skipping Normal Interview Starting Procedure • Welcome & Small Talk • Offering Coffee or Soft Drinks • Explanation of Circumstances • Nature of Case • Who You Represent • She’s Not Under Oath, etc. • TODAY: Attorneys Will Just Introduce Themselves & Begin Substantive Qs

  3. GRAY INTERVIEW #1 BODDICKER’S LAWYERS

  4. GRAY INTERVIEW #2 LAWYERS FOR BOGGS & MARTINEZ

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

  6. GRAY INTERVIEW THANK YOU to BRITTANY YOUNG

  7. ASSIGNMENT #2 FOLLOW-UP • Both Sets of Materials & Comments/Best Answers from Prior Years Posted Tomorrow • To Get Maximum Benefit: • Read Other Side’s Info • Look at Other Group’s Submissions • Compare Yours & Theirs to Comments/Best Answers

  8. OTHER LOGISTICS • I WILL POST TOMORROW A.M.: • LANDLORD TENANT READINGS FOR NEXT WEEK • UPDATED SYLLABUS & ASSIGNMENT SHEET • THIS SET OF SLIDES • LOOK AT INSTRUCTIONS FOR WRITTEN ASSIGNMENT #3: I’LL TAKE Q’s MONDAY

  9. ASSIGNMENT #2 FOLLOW-UP:COMMON INTERVIEW ISSUES • Formality: Interview v. Deposition/Cross-Examination • Technical Terms & Lay Witness • Don’t Assume Client’s Story is True • Maximizing Information Flow • Open Qs (esp. dates) • Don’t Cut Witness Off • Immediately Follow-Up Key Info • “Anything Else?”

  10. ASSIGNMENT #2 FOLLOW-UP:CONTESTABLE LEGAL ISSUES • Continuous: • 2 Month Vacations Every Year Too Much? • Enough evidence while gone (cf. Ray)? • Exclusive • Boddicker has fence painted (inside & out?) • Sufficient to retake whole lot? • Rule like Penn statute (must sue w/in 1 year)?

  11. Someone in a Tree (1976) (S56) • Narrator (“Reciter”) complains that there were no Japanese accounts of 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?

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

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

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

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

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

  17. “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

  18. 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

  19. 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

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

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

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

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

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

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

  26. FACTS v.EVIDENCE WHAT REALLY HAPPENED? • Can’t Know Facts For Sure • Just HaveEvidence: “Fragments of the Day” • Comes Back to “Someone in a Tree”

  27. Suggestions for Fall Break Prepare Your Body for the Stretch Run • Take a Couple of Days Completely Off • Get Enough Sleep, Healthy Food, Exercise

  28. Suggestions for Fall Break Don’t Let Your New Skills Atrophy • Take One Full Day to Work on Each Substantive Class • Organize Notes & Briefs • Identify Gaps/Problem Areas and Try to Address • Start Outlining/Charting/Reviewing with Eye to Midterm & Beyond • Spend More Time on Course(s) That Need(s) Most Work • Group Work is Very Helpful at this Stage

  29. Suggestions for Fall Break For Property: • Prep for Possible Practice Midterm • Two Short Problems from Chapters 1, 2, 3 • Do Review Problems from Those Chapters & Compare to Comments/Models • Assignments • Review Comments on Assignment #1 • Compare Assignment #2 to Posted Comments/Models • Start Assignments #3 and/or #4

  30. Suggestions for Fall Break Be Really Ready to Go Monday 10/18 • We’re Going to Want to Pick Up Where We Left Off, Not to Spend an Entire Class Reteaching (cf. Santa Clara 2002) • Beginning of Very Busy Four Weeks • 10/22 Practice Midterm • 10/29 Property Assmt #4 Due • 11/5 Property Multiple Choice Test on Chapter 7 • 11/8-9 Property Assmt #3 Due • 11/12 L. Comm. Exam

  31. Suggestions for Fall Break BOTTOM LINE: BE THOUGHTFUL ABOUT HOW TO USE YOUR TIME. MAKE A REASONABLE PLAN & STICK TO IT.

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