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)

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?

GRAY INTERVIEW #1 BODDICKER’S LAWYERS

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

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

THANK YOU to MONIKA NIZIO GRAY INTERVIEW THANK YOU to MONIKA NIZIO

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

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

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?

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)?

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

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

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

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

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

“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

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

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

What Lawyer Can Get From Witness Witness Issues Lawyer Issues

What Lawyer Can Get From Witness Witness Issues Ability to Communicate Willingness to Communicate Lawyer Issues

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

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

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

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

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”