Welcome to the Evidence 2007 Course Wiki
- Introductory Information
- Class Information
- At-Large Participation (Bragg v. Linden Labs Moot Court in Second Life in OpenCourseWare)
- Discussion and Feedback Aggregation page
- Discussion Groups
Class Group Work
SL meeting transcript for Jan. 16th
Announcement: For Jan. 17th the following groups gave opening statements: "Menacer's Thrill on Vainness" (Bragg) and "Einsel Lesnie" (Linden). Assignments for the remainder of the trial are as follows: "Superlawyer" - Bragg's direct and Rosedale cross-examination; "Necker" - Rosedale direct and Bragg cross-examination; "Sasy Drum" - Bragg Closing; "Nesson Redgrave" - Linden Labs Closing. Witness examinations began last night and will be concluded tonight (Jan. 18th), followed by closings. If you have any questions please email the Hearo Nakamura Group at EvidNesson1@gmail.com.
- Sasy Drum
- Menacer's Thrill on Vainness
- Nesson Redgrave
- Einsel Lesnie
- Hearo Nakamura
Archived Audio Files (Evidence of Winter '06)
- Winter 2006 Evidence Audio Files - here you can find segments ranging from 1 minute 15 minutes on rules, problems, historical figures, evidence concepts, and more. You can right click on the files to download them, or just listen to them streaming.
Nesson: Introduction to Course
- Discussion of syllabus, class plan and requirements, group work, laptops in class, the Question Tool
- introduction to the law lord, jury process
- introduction of Martin Levin and Levin Lectures
Levin: Introduction to Trial Law and Pre-Trial Procedure
- Overview discussion of trial process, terminology and roles
- Initial PleadingsâComplaint, Answer, Reply
- DiscoveryâGenerally, Interrogatories, Requests to Produce, Requests to Admit, Non-Party Production, Depositions, Electronic Discovery
- Pre-Trial Conference--Pre-Trial Memorandum, Motions in Limine, Witness & Exhibit List, Jury Instructions, Verdict Form, Trial Briefs
- Initial Trial Preparation--File Organization, Trial Subpoenas, Venire List, Jury Instructions, Verdict Form, Examination Preparation, Deposition Readings and Videos, Stipulated Facts, Interrogatory Publication, Request to Admit Publication, Demonstrative Aids and Exhibits, Order of Proof, Opening Statement, Closing Argument, Voir Dire, Directed Verdict
- Familiarize yourself with the pleadings in Bragg v. Linden Labs.
- Log In to Second Life, choose an avatar, orient yourself, come to Berkman Island.
A page for those who would like to engage in a Discussion of the Bragg. v. Linden Labs Pleadings.
Nesson: audio journal 3jan07
Nesson: Reaction and feedback on day one,
Levin: Trial Presentation
- Theme of Case
- Stylistic Issues
- Exhibits and Demonstrative Aid ToolsâAdobe Photoshop, Aerial Photography, Computer Animations, Diagnostic Scans, Medical Exhibits, Microsoft PowerPoint, Roxio Complete Media Creator, Scanners, Sympodium, Timelines, Trial Director, Vacuum Mounted Boards, Verdict Systems Sanction Software, Video Projectors, Visual Presenters
- Motions in Limine
Nesson: Division of Function between Judge and Jury
- The Rim
- Procedure for handling issues of fact relating to proof of the complaint
- Procedure for handling issues of fact relating to issues of law
- Procedure for handling issues of law
- Nesson, "The Evidence or the Event? On Judicial Proof and the Acceptability of Verdicts"
- American Jury
Levin's Reading on Trial Presentation
Nesson: The Rules
Levin: Voir Dire
- Focus Groups
- Electronic Juries
- Mock Trials
- Venire Lists
- Seating Charts
- Juror Questionnaires
- Venire Questioning
- Jury Selection Software
- Legal Doctrine
Levin's Reading on Voir Dire
Nesson: Burden of Proof
- Concepts - Persuasion, Reasonable Doubt, Proof to a Preponderance
- Constitutional grounding
- Inferential Proof and the problem of the Blue Bus
- Statistical Proof and the problem of the Prison Yard
- Amar, The Bill of Rights and our Posterity (particularly "story eight")
- Duncan v.Louisiana, 391 U.S. 145 (1968)
- In re Winship, 397 U.S. 358 (1970)
- Batson v. Kentucky, 476 U.S. 79 (1986)
- J.E.B. v.Alabama, 511 U.S. 127(1994)
- 8 Mile Final Battle, YouTube link - Eminem portion only
Nesson: Character as Relevant/Prejudicial Evidence
- People v. Zackowitz, 254 N.Y. 192, 172 N.E. 466 (1930)
- Return to the Scene of the Crime
- "Money or Death"
- Huddleston v U.S., 485 U.S. 681 (1988)
- United States v. Beechum, 582 F.2d 898 (5th Cir. 1978)
- Proof of Defendant's Good Character
- Proof of Defendant's Violent Character
- The Mayor
- Careless Smoker
- Tanford & Bocchino, Rape Shield Laws and the Sixth Amendment
- Prostitution, Rape or Both?
- Explanation for Pregnancy
- State v. Jacques, 558 A.2d 706 (Me. 1989)
Levin: Opening Statements
Nesson: Power of Narrative
- Lawyer Credibility
Levin: Examinations 1
- Direct Examination
- Redirect Examination
- Expert Examination
- From Raleigh to Crawford
- The Treason Trial of Walter Raleigh
- Mattox v. United States, 156 U.S. 237 (1895)
- Crawford v. Washington, 124 S. Ct. 1354 (2004)
- Davis v. Washington(2006)
- Daubert v. Merrell Dow 113 S. Ct. 2786 (1993)
- General Electric Co. v. Joiner,522 U.S. 136 (1997)
- Kumho Tire Company v. Carmichael, 119 S.Ct. 1167 (1999)
- Daubert v. Merrell Dow (on remand),43 F.3d 1311 (9th Cir. 1995)
Jury Instructions & Verdict Form
- General and Special Verdicts
- Levin Reading
Nesson: Hearsay in Theory
- Definition of Hearsay
- L. Tribe, Triangulating Hearsay
- J. Falknor, Evidence of Conduct
- R. Park, McCormick on Evidence and the Concept of Hearsay
- Arsenic and Hors d'Oeuvres
- Murder at the Seaside Bistro
- Assault on Massachusetts Avenue
- Murder in the Ajax Building
Closing Arguments and Summation
- Fundamentals of Closing Argument
- Stylistics Issues Specific to Closing Argument
- Addressing Issues Head-On in Closing Argument
- The Law on Closing Argument
Levin Readings: Fundamentals of Closing Argument
- Attorney-Client Privilege
- Bentham, Rationale of Judicial Evidence
- Proposed Rule 503
- The Blackacre Fraud
- The Eavesdropper
- The Energetic Investigator
- Hit and Run
- D.C.Bar on Ethics of Evidence Destruction
- Smoking Gun
- Clark v. State
- Hitch v. Arizona
- Upjohn v. United States
- Rodney King
- reactions to the exam
'We meet as usual in Austin North.'
He who Laughs Last...
Stage Fright (p. 474)
Stagger P (p. 475)
Snowmobile Crash (p. 475)
Strong Feelings and Future Plans (p. 476)
Mutual Life Insurance Co. v. Hillmon, 145 U.S. 285 (1892)(pp. 476-480)
Shepard v. United States (II), 290 U.S. 96 (1933)(pp. 481-483)
Negligent Entrustment (pp. 484-485)
Accident Reports (p. 487)
Palmer v. Hoffman , 318 U.S. 109 (1943)(pp. 487-490)
Hospital Reports (p. 490)
Computer Records (p. 490)
Giving Them the Business (p. 491)
Police Reports (p. 495)
Johnson v. Lutz, 253 N.Y. 124, 170 N.E. 517 (1930)(pp. 495-497)
- Bragg v. Linden Labs Moot Court in Second Life in OpenCourseWare.
late thursday afternoon
question tool as organizing force for class, for social gatherings, for web focal point of our activity,
we wish to organize a confernece in the shape of a cone through time with the conference days themselves just slices.
elements for question tool
- best evidence
- second life
- digital discovery
- other to be nominated
- Evidence Wiki 2006
- Federal Rules of Evidence
- Nesson's Evidence book
- The Question Tool
- Second Life
- Bragg v. Linden Labs
- (Levin) Burned Out and Searching for Answers]
- (Levin) Representing the Unattractive Plaintiff
- now the challenge begins
- does the wiki stay alive
- come alive
- we have a format
- what is it
- what are its component parts stated at a meta level such that others could produce it
- can we feedback, tweak it, reiterate it
- just like programming from scratch
- here's from andy, ska phil rosedale
Feedback (as requested at the end of the meeting yesterday).
1. I don't need to highlight the positive. You drew large crowds of enthusiastic people all 3 days. Format works.
2. Fitting everything in to 3 days is certainly difficult. Its starts out slow, and ends at breakneck pace. Don't think you want to add another day.
The only change I would suggest would to be include the opening
arguments, straight after jury selection on day 1.
And give the sides fixed amounts of time for their direct and
cross so that they can rehearse and make sure they can fit their arguments in
Each side could have.. for example 40 mins for their directs
and 20 for their crosses. They could use that as they choose.
Maybe call 2 witnesses for 20 mins each or only one for 40.
Their choice. Like a chess game, their clock stops when the other side does their cross.
I'm sure there must be a chess clock in SL already that someone
And to get it right, the teams could do a dry run with their
If they have not done this before in SL, they won't know whether
their lines of questioning are too slow for SL audiences.
particularly as they have to factor in the lag. What looks good
on paper rarely translates to SL, and won't cut and paste effectively.
3. One of the law students on each side could be "director/co- ordinator" and be involved with all the groups on his/her side to make sure that they make a consistent presentation, and (for example) make sure that those who cross or close will pick up on issues that have come before. It felt like a number of disjoint scenes, rather than a consistent argument that was being developed. The closings, for example, did not summarize and draw conclusions from what had been heard before.
4. It might be worth having a "client" role as well as witness roles. Maybe one of the students. So they have to answer to someone, and maybe talk through their strategy in advance to an outsider.
5. Sitting on one side of the amphitheater I never heard the verdict. It would be good to mark a circle at the center of the amphitheater so, "if you stand here everyone can hear you".
6. Lag is a huge issue. Maybe close the sandbox (or the island itself) for an hour or so while the event is happening. When I was on the witness stand, SecondLife itself was almost completely unresponsive, and it was extremely difficult just to get a reply typed in (cut and paste was impossible). Maybe I need to discard my powerbook and buy a bigger computer.
7. Maybe allow a "not empathic" objection :-) Wasn't much empathy out there.
I hope it was a useful exercise for the law students. The one I spoke with did seem to really enjoy it.
Thanks for allowing me to get involved to the extent I did.
and here is my reply
andy, your contribution once again is wonderful and very much appreciated. i heard in your testimony the winning line for linden labs. may i have your permission to post your suggestions to our wiki? -c