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?

• Did it happen on purpose?

• Was it fair?

• Note: All these questions are resolved by accumulating information about past events.

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.

Persuasive Story can establish an affirmative case

if:1. It is told about people who have reasons for the

way they act.

2. It accounts for or explains all of the known or undeniable facts

3. It is told by credible witnesses

4. It is supported by details

5. It accords with common sense and contains no implausible elements

6. It is organized in a manner that makes each succeeding fact increasingly more likely

Defense

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

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•

ROLES

Attorney Witness Attorney Witness

Atty for Pat (Xfedup)

PAT Atty feddup(X Pat)

Feddup

Atty for Chris(Xryan)

CHRIS Atty ryan(X Chris)

Ryan

Atty for Cameron(Xalex)

Cameron Atty alex(X Cameron)

Alex

Opening: Atty? Opening: Atty ?

Closing: Atty? Closing: Atty?

Today’s Assignment

Due Friday:

PREPARE DIRECT EXAMINATIONS

Due Tuesday:

Prepare Opening Statements,