Storytelling for Lawyers
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static, 77–78, 81–82
theme and, 113–14
transformation of, 77
voice and, 118
child neglect, 145–47
The China Syndrome (movie), 37, 207
chronology. See also sequence of events
ellipsis, 195–97
flashback, 192–94
flash-forward, 194–95
narrative time and, 188–92
pacing and, 197–99
rhythm and, 197–99
Cimarron Syndrome, 37, 38, 55, 56, 141, 207
cinema noir, 62
climax
Donovan and, 101–3
Failla and, 101–3, 111
in The Hand, 15–16
in High Noon, 22, 26–27, 82
in Jaws, 26
closing argument
character development in, 90–114
characterization in, 90–114
characters in, 4–5, 90–114
in criminal case, 90–114
by Donovan, 90–114
in The Estate of Karen Silkwood v. Kerr-McGee, 28–68
movies and, 5–7
by Spence, 28–68
in torts, 28–68
Clutter family. See In Cold Blood
Coblyn v. Kennedy, 9
Cochran, Johnnie
aphorisms by, 35
betrayal and, 18
theory of the case of, 18
coda, 13, 16
in The Estate of Karen Silkwood v. Kerr-McGee, 56–57
in High Noon, 27
of meaning, 2, 209
coerced confession cases, briefs in, 164–75
Cohen, Leonard, 159
complications. See progressive complications
computer simulations, 6
confrontation
by Donovan, 93–100
in The Estate of Karen Silkwood v. Kerr-McGee, 45, 49–52
Failla and, 93–100
between good and evil, 24
in High Noon, 78
in Jaws, 54
conspiracy theory, 51
Donovan and, 104
constraints
in The Estate of Karen Silkwood v. Kerr-McGee, 29
on plot trajectory, 12–13
content, form and, 3
Cooper, Gary, 78, 79–80
corporations, depictions of, 41–43
criminal case. See Donovan, Jeremiah; Failla, Louis “Louie”
danger
description and, 164–75
environment and, 164–75
settings and, 158–64
Davis, Peggy Cooper, 203
death penalty mitigation
in Atkins v. Virginia, 153
audience in, 65
mental retardation and, 134
story in, 65
description, 155–84
of characters, 83, 85
danger and, 164–75
for events, 156
Lodge, 155
for plot, 156
for theme, 156
detachment, 123
with omniscient perspective, 148
dialogic relationship, with jury, 52, 58–59
dialogue
of characters, 83–84, 85, 103–7
Donovan and, 103–7
Failla and, 103–7
Didion, Joan, 157, 158–64
directors, 6
for High Noon, 21
discourse time
in High Noon, 197
narrative time and, 187–200
ordering of, 187–200
disillusionment plot, 61
Doctorow, E.L., 70
Donovan, Jeremiah P., 4–5, 6, 20, 73–74, 84, 202, 206, 207, 208
actions and, 103–7
beginning by, 93–100
character actions and, 95
climax and, 101–3
closing argument by, 90–114
confrontation by, 93–100
conspiracy theory and, 104
dialogue and, 103–7
ending by, 200
first-person perspective by, 139
flashback by, 193–94
hook by, 93–95
irony by, 104
judges and, 103
jury and, 95–98, 103
motivation and, 95
opening by, 94
pacing by, 197, 198
perspective by, 138, 148, 149–50
plot and, 91, 101–3
progressive complications by, 92, 111
rhetorical questions by, 104
steady state and, 96–100
stretch by, 127
strict liability and, 94–95
summary by, 127
trouble and, 96–100
Double Indemnity (movie), 62–63
Dreyfuss, Richard, 24
Dwight (fictional character), in This Boy’s Life, 85–89
Dylan, Bob, 72, 159
Eddings, Monty, 175–84
Eddings v. Oklahoma
brief for, 175–84
flashback in, 193
efforts
in The Hand, 15
in plot, 13
Eighth Amendment, 134
ellipsis, 195–97
Ellroy, James, 119, 120–23, 121f, 140, 143
The Emigrants (Sebald), 164–75
Emma (Austen), 60–63
flashback in, 192
empathy, perspective and, 147–52
ending, 202–9. See also coda
beginning and, 57–64
Brooks on, 58
of The Estate of Karen Silkwood v. Kerr-McGee, 57–64
Gardner on, 58
of The Hand, 14
hero in, 64
in High Noon, 26–27
of melodrama, 64
narrative time and, 199–200
plot and, 12–13
purposeful motion toward, 64
sequence of events in, 13, 64
villain in, 64
environment, 155–84
danger and, 164–75
for events, 156
for Jaws, 156–57
for plot, 156
for theme, 156
as villain, 175–84
The Estate of Karen Silkwood v. Kerr-McGee, 118–19, 207
anecdotes in, 33, 56–57
antagonist in, 35, 59, 64–68
audience in, 32–33
backstory in, 30–31
burden of proof in, 33
closing argument in, 28–68
coda for, 56–57
confrontation in, 45, 49–52
constraints in, 29
corporations in, 41–42
ending of, 57–64
Failla and, 101
genre of, 37–38
good and evil in, 37–38, 42, 54
hero in, 36, 38–41, 46–48
High Noon and, 45
hooks in, 59
Jaws and, 41–42, 45
jury in, 32–33, 51, 55–59
melodrama of, 28–68
ministory in, 33–35
movies and, 29–30
myth in, 68
past-tense story in, 54
perspective in, 141
plot in, 64
present-tense voice in, 29, 38–39, 52
proem in, 58–59
progressive complications in, 41–43
punitive damages in, 31, 35
rebuttal in, 38, 40, 52–55
sequence of events in, 46
steady state in, 37–38, 59
strict liability in, 33–34
theme for, 33–36, 64
theory of the case for, 33–36
trouble in, 37–38, 67
villain in, 35, 41–46, 49–50
voice in, 118–19
zigzagging in, 46
events. See also sequence of events
description for, 156
environment for, 156
perspective and, 152–53
in plot, 11, 12, 13
settings for, 15
6
evidence, into story, 20
evil. See good and evil
Executioner’s Song (Mailer), 119, 128–30, 141
perspective in, 147–48
expectations
of audience, 18
genre and, 18
of jury, 6, 38
facts, for arguments, 2–3
Failla, Louis “Louie,” 4–5, 6, 73–74, 84, 207, 208
actions and, 99, 103–7
audience and, 111–12
beginning and, 93–100
cartoons of, 107, 108f 109f
character actions and, 95
character arc of, 108–9
characterization of, 90–114
climax and, 101–3, 111
closing argument in, 90–114
confrontation and, 93–100
dialogue and, 103–7
flashback and, 193–94
hook and, 93–95
inner contradiction of, 113
motivation of, 95, 107
movies and, 110–14
opening and, 94
pacing and, 197, 198
perspective and, 138, 148, 150
plot and, 101–3
as protagonist, 92, 96–97
sentences and, 90
steady state and, 96–100
strict liability and, 94–95
summary for, 127
trouble and, 96–100
false imprisonment, 9–10
Farrell, Jack, 99, 105, 113
Field, Syd, 8
on hero, 36
Finn, Huckleberry (fictional character), 139
first-person perspective, 138–39
Fitzgerald, F. Scott, 72
“Five Key Terms of Dramatism,” 4–5
flashback, 192–94
flash-forward, 194–95
flat characters, 75–76
Failla as, 92
in High Noon, 81–82
Ford, Ford Madox, 60–63
Foreman, Carl, 21
form, content and, 3
Forster, E.M., 75
The Foundations of Screenwriting (Field), 8
framing story
at beginning, 9
for The Hand, 14
in melodrama, 65–66
narrative time and, 201
free will, 73
Freud, Sigmund, 74
Frye, Northrop, 19
Gagliano, Anthony C., 182–83
Gardner, John, 12
on ending, 58
on perspective, 138, 139
on setting, 155
on theme, 16, 17
Geertz, Clifford, 69
genre. See also melodrama
of The Estate of Karen Silkwood v. Kerr-McGee, 37–38
expectations in, 18
of High Noon, 21
in Jaws, 20–21
theme and, 17
Gilley, Billy Frank, 176–84
Gilmore, Gary, 128–30, 142–43
pacing and, 197
perspective of, 147–48
good and evil
audience and, 23–24
Brooks on, 81–82
confrontation between, 24
in The Estate of Karen Silkwood v. Kerr-McGee, 37–38, 42, 54
in High Noon, 81–82
in Jaws, 21, 81–82
in melodrama, 19
Roemer on, 42
struggle between, 24
in torts case, 65
The Good Soldier (Ford), 60–63
grading law school examinations, 115–17
Grasso, Billy “The Wild Guy,” 91, 93, 104–6, 111, 114
flashback and, 193
subplots and, 92
as villain, 92, 97–100
Greenstreet, Sydney, 71
The Hand (Michaels)
framing story for, 14
plot of, 14–16
Harrison, Kathryn, 157, 175–84
“Helter Skelter” (The Beatles), 159
Hendricks, Larry, 131–33
pacing and, 198
Heraclitus, 71
hero
antagonist and, 36
character of, 36
in ending, 64
in The Estate of Karen Silkwood v. Kerr-McGee, 36, 38–41, 46–48
in Jaws, 20, 21, 24–25
jury as, 38–41
Kane, Will, as, 78–80
in melodrama, 19
protagonist as, 78–80
rebuttal and, 40
Roemer on, 79
Silkwood as, 36
theme of, 20
villain and, 66
Wharton on, 79
High Noon (movie)
backstory in, 75, 78
betrayal in, 22, 26, 79
character development in, 22
characters in, 75–82
climax in, 22, 26–27, 82
coda in, 27
confrontation in, 78
discourse time in, 197
ending in, 26–27
The Estate of Karen Silkwood v. Kerr-McGee and, 29, 45
Failla and, 97, 101, 110
flashback in, 192–93
flat characters in, 81–82
genre of, 21
good and evil in, 81–82
Kane, Amy, in, 21, 77, 80–81
Kane, Will, in, 78–79, 110
loyalty in, 22
Miller, Frank, in, 23, 25–26, 79–82
plot in, 20–27
progressive complications in, 25–26
Ramirez in, 77
round characters in, 80–81
setting for, 156
static characters in, 81–82
steady state in, 23, 25
subplots in, 25–26
theme of, 22
townspeople in, 21–22, 26, 37, 41, 43–46, 75
transformation in, 26–27
trouble in, 23
villain in, 20
Hitchcock, Alfred, 19, 24
“The Honeymooners” (TV program), 93, 98
hook
in Angela’s Ashes, 143–44
by Donovan, 93–95
in The Estate of Karen Silkwood v. Kerr-McGee, 59
Failla and, 93–95
human agency, 14
identification, of audience, 29, 74–75
illocutionary act, 30
In Cold Blood (Capote), 119, 130–33
pacing in, 198
inner contradiction
of Failla, 113
of protagonists, 112
irony
of characters, 72
by Donovan, 104
in Jaws, 27
Jaws (movie)
backstory in, 21
climax in, 26
confrontation in, 54
environment for, 156–57
The Estate of Karen Silkwood v. Kerr-McGee and, 29, 41–42, 45
Failla and, 97, 101, 110
genre in, 20–21
good and evil in, 21, 81–82
hero in, 20, 21, 24–25
irony in, 27
melodrama in, 20
Moby Dick and, 21
motivation in, 41
plot in, 20–27
Roemer on, 21
sequence of events in, 24
setting for, 156–57
steady state in, 23
theme in, 20–21
trouble in, 23
villain in, 24–25
Jensen, Max, 128–30, 141
pacing and, 197
Johns, Jackie, 104, 110, 111
Jones, William, 134–37
judges
characters and, 74
Donovan and, 103
sentences by, 74
jury
Bruner on, 40
characters and, 74
confusion of, 38–39
dialogic relationship with, 52, 58–59
Donovan and, 95–98, 103
in The Estate of Karen Silkwood v. Kerr-McGee, 32–33, 51, 55–59
expectations of, 6, 38
> as hero, 38–41
story and, 6
Kane, Amy (fictional character), in High Noon, 21, 77, 80–81
Kane, Will (fictional character), in High Noon
Failla and, 110
as hero, 78–80
Kerr-McGee. See The Estate of Karen Silkwood v. Kerr-McGee
King, Rodney, 127
language of money, 63, 66
law school examinations, grading, 115–17
Lawyering Theory Colloquium, 202–4
“Lay Lady Lay” (Dylan), 159
legal rules, theme and, 17
Lenny (fictional character), in Of Mice and Men, 135
Leventhal, Brad, 150–53
Lewis, John L., 102
liability. See strict liability
lifelikeness. See verisimilitude
Lodge, David, 13, 14–16
The Art of Fiction by, 123–24
on beginning, 60–63
on characters, 72
on description, 155
on perspective, 140
on rhythm, 119
on summary, 127
logic. See narrative logic
loyalty, in High Noon, 22
Mafia. See Failla, Louis “Louie”
Mahony, Edmund, 103
Mailer, Norman, 119, 141, 142–43, 147–48
pacing by, 197
on scene, 128–30
Malcolm, Janet, 150–52
The Maltese Falcon (movie), 71
Mamet, David, 8, 176
Manson murders, 157, 158–69
markers, for steady state, 38
Marvel Comics, 20
McCourt, Frank, 119, 143–44
McKee, Robert, 66
meaning
coda of, 2, 209
in High Noon, 22
of ministory, 146
narrative logic with, 14
perspective and, 142–47
in plot, 13
Mehring, Margaret, 80
on characters, 112
Mellaril, 124–26
melodrama, 18–19
antagonism in, 20
betrayal in, 26
Brooks on, 68
ending of, 64
in The Estate of Karen Silkwood v. Kerr-McGee, 28–68
framing story in, 65–66
good and evil in, 19
in Jaws, 20
past-tense story of, 54
plot trajectory in, 65, 66
premature ending in, 24
Roemer on, 19
in torts, 19, 118
villain in, 36, 65–66
mental retardation, 134
Michaels, Leonard, 14–16
Miller, Frank (fictional character), in High Noon, 23, 25–26, 79–82
setting for, 156
Miller, Henry, 1, 3, 117
Minding the Law (Amsterdam and Bruner), 203
ministory
in The Estate of Karen Silkwood v. Kerr-McGee, 33–35
meaning of, 146
Miranda, Ernesto, 174–75
Miranda v. Arizona, 174–75
Moby Dick, 21
money, language of, 63, 66
Morales, Tito, 91, 93, 102, 103, 104–6, 113, 150
pacing and, 197, 198
morals, by Aesop, 13
motivation
causality and, 74
of characters, 74
Donovan and, 95
of Failla, 95, 107
in Jaws, 41
in movies, 112
in novels, 74
movie directors, 6
for High Noon, 21