Don Keenan uses this article give us some sage advice on how to avoid creating pitfalls in our cases. The article goes on to provide several key examples on how this concept can manifest issues in case selection, expert testimony, demonstrative evidence, and cross-examination. In each of these situations, Don Keenan encourages us to recognize the hole, realize the peril, and then walk from the calamity. Focusing on your year’s of experience as a trial lawyer, I want us to share some tips or signals you have found useful in determining whether you have begun to violate the digging rule.
In his closing argument for OJ Simpson’s criminal trial, Johnnie Cochran successfully argues for Simpson’s innocence. Repetition, appeals to audience emotion, and the use of scenarios to appeal to logic are all rhetorical devices which Cochran skillfully uses in order to create an argument that is strong and convincing to the courtroom. These devices help him shape his argument tactically in a manner and order that successfully defends OJ Simpson in the trial.
Matt Calkins is a journalist from the Seattle Times newspaper and online, and he wrote an article about Coach Kennedy's postgame prayers at a high school's football 50-yard line. Calkins states that he wishes for his kid to have a coach like that one day, so that gives you an inference of his positive and supportive position on the actions of Coach Kennedy. For instance, a quote from someone interviewed by the name Hacker stated, "It's about unity. We can be mad at each other all we want during a game all we want, but once the game over, that all goes away." The evidence from this quote explains how one can see that the prayers can help heal or bring positive inclination to everyone. In the article, he states that he isn't one to "look
This period of our lives is a one bursting with challenging events and life-changing transitions, don’t you think? However testing this phase may be though, it's how we accept and counteract these alterations that ultimately opens up a deeper understanding of our world and self. J.C. Burke’s thought provoking novel, ‘The Story of Tom Brennan’ and John Marsden and Matt Ottley’s heartbreaking picture book ‘Home and away’, address this concept of transition and their challenges associated as each protagonist undergoes a catastrophic journey surrounding a challenged attitude and the need for maturity development.
The novel ’The Story of Tom Brennan’ by J.C. Burke, focuses on a devastating car accident in a small town, caused by one character who was drink driving. This one event has an extreme effect on a family, who struggle to come to grips with the situation. Tom and Kylie struggle to begin their new life at their Gran’s place in Coghill, after moving there from their home in the small town of Mumbilli. In Coghill, Tom and Kylie also start at St. Benedict's where they react so differently to the same scenario. The author J.C. Burke used emotive and descriptive dialogue, first person narration and symbolism to demonstrate just how differently people can react to the same situation.
With this point in mind, in evaluating many of the legal cases we have reviewed throughout our course, the one aspect of law that particularly intrigues me, and is most glaring with respect to the cause of justice, is what appears to be many instances of the courts finding ways to avoid or
It’s been three months since the passing of John Dobbs, one of Blythe’s Greatest Samaritans, but family, friends and city leaders came together last Saturday to honor the life and legacy of the man who kept the people of Blythe near and dear to his heart.
This reading illustrates a decision made by New York City Department of Health and Mental Hygiene (DOHMH) that give the citizens diabetes diagnoses to help them control their health. The author Jeffrey A. Bennett mainly discussed the tension between public intervention and personal privacy advocates.
Though evidence of good character can certainly help your defense, introducing it at trial also comes with a significant risk.
The Term “yellow” is ironically crucial to the reader’s perception of why the main character, Danny, is so fearful of his ethnic identity. Even though Danny cannot escape his “Korean-ness”, he instinctively insists upon rejecting his ethnicity, pursuing a “colorless”, life in America. Don Lee’s short story, “yellow”, illuminates the struggle of Danny, whom like many later generational Asian Americans attempts to assimilate into overall American culture, only to be constantly rejected. One’s ability to consume and digest this cultural dismissal can determine their ultimate mindset, this concept is highlighted by the conversation between Danny and his wife Rachel, “No stereotype is innocent” (Danny to Rachel), she replies, “Racism’s not the problem. It’s you” (pg. 249). In this instance, it can be realized that it is both society’s as well as Danny’s perception of his Asian identity that are misguided. Due to American society’s racial insensitivity, Danny finds himself filled with paranoia, unable to trust those around um, and even himself. It is only through eventful encounters/relationships that Danny may overcome his fear of “yellow”, seeing not only color but the humanity behind it.
A hilarious comedy and loose interpretation of the 1987 NFL players' strike, The Replacements include legendary actor Gene Hackman, who plays Jimmy McGinty, who is called out of retirement to be the head coach of the Washington Sentinels. The team’s owner, Edward O’Neill, played by Jack Warden, convinces McGinty to assemble and lead a team of washed out replacement players through the last four games of the strike. McGinty seeks out Keanu Reeves’ character, a former Ohio State quarterback named Shane Falco to lead the team of has beens through the remainder of the season. While Falco deals with his own issues of self-doubt, coach McGinty gives him the responsibility to whip the band of misfits into a team that can win the last four games and
Don Moen. The artist Don Moen as a songwriter and performer, he gained his success with a style of praise & worship song that hewed closely to the words of the Bible (All music, 2017). One of the primary four standards of judgment is technical excellence. Don Moen art work of praise and worship take on an objective quality of excellence. I believe the distinction of his work of praise and worship comes from his relationship with God. The spirit of excellent only comes from God. "God is a spirit, and those who worship him must worship in spirit and truth” John 4:24 (English Standard Version). The technical excellence in Don Moen's songs and performance is very high from many lives that he touched, Christians and non-Christians. His work of art
Chad Hines’s Mimi is a contemporary artwork that uses a multitude of media—wood, fabric, paper, metal, and paint, to name a few. The piece is currently located at CTC’s annual faculty art show at the Oveta Culp Hobby Memorial Library. It depicts a bust shot of an elderly woman, presumably Mimi herself. Surrounding her is a jumbled conglomeration of materials. The piece is displayed on a wall at eye-level, bound by a frame.
Therefore, in some cases where witnesses were supposed to help, they ended up backfiring from the questions presented by the opposing side. An example of this is when Kathy brought Private Downy to the stand, which he had prepared him beforehand. However, when it was Ross’s turn to speak to Downy, he began to ask him questions about a story that did not add up, ultimately leading Downy to hesitate on the stand. This also backfired on Ross at one moment when he brought a marine to the stand to prove that Code Red’s are not in the Marine handbook.
A lesser-anticipated pitfall associated with expert witnesses, is the possibility of them making a mistake. Especially in a case such as Woburn, where both sides have a slew of expert testimony, lawyers such as Schlichtmann aren’t able to catch or prevent every mistake. Even if eventually caught and corrected, one mistake can prove to be very damaging. In A Civil Action, George Pinder, Schlichtmann’s expert in hydrology and groundwater movement, made a minor calculating mistake. Although minor, “Schlichtmann knew that Facher and Keating would not miss this mistake, and that they would use it on cross-examination to attack Pinder’s credibility” (Harr 327). An expert witness whose credibility is
Chris Mccandless was a man that many would call crazy or maybe even immoral. He left everything to live in the wild and become “one with nature”. He had determination, a strong mindset, fearlessness and courage. I believe that my life and the life of Chris Mccandless are not similar in any aspect. In fact I wish that my life was more like his and that I had the drive and determination to do what he did.