PLACE ASSIGNMENT II FACE DOWN IN BOX

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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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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
  buildingcome forward
• How do they know what they know?
• How reliable are they?

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GRAY INTERVIEW 1

• BODDICKERS LAWYERS

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GRAY INTERVIEW 2

• LAWYERS FOR
• BOGGS MARTINEZ

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GRAY INTERVIEW 3

• FOLLOW-UP QUESTIONS FROM THE AUDIENCE

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GRAY INTERVIEW

• THANK YOU to
• ANDREA CORTLAND

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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

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ASSIGNMENT II FOLLOW-UP

• Both Sets of Materials Posted After Class
• To Get Maximum Benefit
• Read Other Sides Info
• Look at Other Groups Submissions
• Compare to Comments on Prior Classes
• Legal Issues for Review
• D would contest Continuity Exclusivity
• Best Arguments for Each Side?

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FACTS v. EVIDENCE

• Two Sets of Problems Discovering Facts
• What Witness Knows
• What Lawyer Can Get From Witness

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What Witness Knows

1. Ability to Perceive
2. Ability to Remember
3. Interpretation by Witness

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What Witness Knows

• Ability to Perceive
• Physical Limits of Witness
• Situation-Specific Limits
• Ability to Remember
• Interpretation by Witness

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What Witness Knows

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

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Interpretation by Witness

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

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I dont know if thats our flock or another
flock or just a bunch of little Ms.

• M
• M M
• M M
• M M
• M M

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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

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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

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What Lawyer Can Get From Witness

• Witness Issues
• Lawyer Issues

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What Lawyer Can Get From Witness

• Witness Issues
• Ability to Communicate
• Willingness to Communicate
• Lawyer Issues

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What Lawyer Can Get From Witness

• Witness Issues
• Ability to Communicate
• Willingness to Communicate
• Lawyer Issues
• Questioning Process
• Lawyers Own Interpretations

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FACTS v. EVIDENCE

• FACTS OF CASE DEPENDENT ON LAWYERs
  CONSTRUCTION PRESENTATION

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FACTS v. EVIDENCE

• WHAT REALLY HAPPENED?
• Cant Know Facts For Sure

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FACTS v. EVIDENCE

• WHAT REALLY HAPPENED?
• Cant Know Facts For Sure
• Just Have Evidence Fragments of the Day