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.

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Presentation transcript:

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 AttorneyWitnessAttorneyWitness Atty for Pat (Xfedup) PATAtty feddup (X Pat) Feddup Atty for Chris (Xryan) CHRISAtty ryan (X Chris) Ryan Atty for Cameron (Xalex) CameronAtty 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,