1. Section J SIT Section I  Coordinators: Put Assmt #2 in Envelope for Your Section on Front Table
Music: A Stephen Sondheim Evening (1983)
Take Seats Early So We Can Begin On Time
All Turn to “Someone in a Tree” (S63)

2. Someone in a Tree (1976)
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?

3. GRAY INTERVIEW #1
BODDICKER’S LAWYERS

4. LAWYERS FOR BOGGS & MARTINEZ
GRAY INTERVIEW #2
LAWYERS FOR
BOGGS & MARTINEZ

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

6. THANK YOU to MONIKA NIZIO
GRAY INTERVIEW
THANK YOU to
MONIKA NIZIO

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

8. OTHER LOGISTICS I WILL POST SUNDAY A.M.:
CHAPTER 7
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. Two Sets of Problems Discovering Facts:
FACTS v. EVIDENCE
Two Sets of Problems Discovering Facts:
What Witness Knows
What Lawyer Can Get From Witness

12. What Witness Knows Ability to Perceive Ability to Remember
Interpretation by Witness

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

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

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

16. “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

17. 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” OF CASE DEPENDENT ON LAWYER’s CONSTRUCTION & PRESENTATION
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 Have Evidence: “Fragments of the Day”

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