Commentary 1/6/06

From Cyberlaw

• Rule 611(c) Leading questions. Leading questions should not be used on the direct examination of a witness except as may be necessary to develop the witness' testimony. Ordinarily leading questions should be permitted on cross-examination. When a party calls a hostile witness, an adverse party, or a witness identified with an adverse party, interrogation may be by leading questions.
  

• Wouldn't it be more productive to discuss things like leading questions and hearsay after being told what rules are relevant, or (perhaps more useful given the secondary importance of the rules in this class) some background reading on the relevant issues? That would allow us to discuss the issues from a standpoint of knowledge, rather than trying to guess what the issues are.
  I second this--I had no basis for knowing the direct/cross differences for leading questions before our discussion today.
  • If you think so, why don't you read the rules before class? Let's face it--the rules could be completely learned in a few hours.
  • If the rules were so straightforward, why would there be courses in Evidence that focused on them? More to the point, I don't read particular rules because I don't know to expect them. Much like the Spanish Inquisition, I don't see references to hearsay and whatnot coming ahead of time.
    • NOBODY expects the Spanish Inquisition! Our chief weapon is surprise...surprise and fear...fear and surprise.... Our two weapons are fear and surprise...and ruthless efficiency.... Our *three* weapons are fear, surprise, and ruthless efficiency...and an almost fanatical devotion to the Pope.... Our *four*...no... *Amongst* our weapons.... Amongst our weaponry...are such elements as fear, surprise.... I'll come in again.

• Turning the lights low puts me to sleep. Keep the lights on! This is seconded!!! Thirded!
  • The low lighting rocks.
  • I'd have to say, that low lighting...it's the best! (same guy as above).
  • You know, I was just thinking today about how perfect the class is lighting wise! (same guy again).
  • I like the low lighting as well, it kind of sets the mood (I reshuffled this one and it is NOT the same guy! So it's now 3:2).
  • The lack of lighting is going to make me even more blind than I already am.

• i was all excited because i thought being in ames today meant that we were going to empanel a jury. but perhaps such a direct didactic application of the reading would be amiss.
  

• If we don't get to see any Vinny clips today I'm going to be very angry at all of you who complained about not doing enough substantive learning...
  Seconded and Thirded!
  • Law school is not allowed to be pleasant, don't you know?