Storytelling for Lawyers
Page 32
movies. See also specific movies
buddy pictures, 99
characterization in, 80
characters in, 70–71
closing arguments and, 5–7
The Estate of Karen Silkwood v. Kerr-McGee and, 29–30
Failla and, 110–14
motivation in, 112
perspective in, 138
plot in, 70
rhythm in, 198–99
sequence in, 12
theme in, 17, 113–14
mud springs, analogies of, 34–35, 52
My Dark Places (Ellroy), 119, 120–23, 121f, 143
third-person objective perspective in, 140
myth, in The Estate of Karen Silkwood v. Kerr-McGee, 29–30, 68
narrative logic, 44, 64
with meaning, 14
perspective for, 141–42
of plot, 12–13, 18
sequence of events and, 194
of story, 141
narrative profluence
beginning and, 11
in plot, 11–12, 64
narrative theme. See theme
narrative time, 185–201
beginning and, 199–200
chronology and, 188–92
discourse time and, 187–200
ending and, 199–200
framing story and, 201
sequence of events and, 186
“Narrative Time” (Ricoeur), 8
“The Nature of Anthropological Understanding” (Geertz), 69
Nesbitt, Eric, 134–37, 198
Nevas, Alan H., 103, 206
Norton, Ed (fictional character), 93, 98
novels
characters in, 72
motivation in, 74
plot trajectory of, 8
Oates, Joyce Carol, 155
Of Mice and Men (Steinbeck), 135
omniscient perspective, 142–43
believability of, 152
detachment with, 148
by Leventhal, 150–51
On Directing Film (Mamet), 8
opening
by Donovan, 94
Failla and, 94
by Leventhal, 150–51
plot trajectory and, 8
pacing
chronology and, 197–99
of plot, 197–99
paratexts, 6
past-tense story, 6
in The Estate of Karen Silkwood v. Kerr-McGee, 29, 54
of melodrama, 54
“Pentad,” 4
perlocutionary act, 30
personal disposition, 73
perspective, 5
in arguments, 139–40
to control flow of information, 141–42
empathy and, 147–52
events and, 152–53
first-person, 138–39
Gardner on, 138, 139
Lodge on, 140
meaning and, 142–47
in movies, 138
for narrative logic, 141–42
Sebald and, 173–75
style and, 138–53
to suggest outcome, 142–47
third-person objective, 140
third-person subjective, 139
Pilgrim, Billy (fictional character), in Slaughterhouse Five, 187–200
plot, 4–5, 8–27
advocacy and, 11, 28
audience and, 12
austere definition of, 13–16
Brooks on, 12
causality in, 11–12
characters and, 70
in closing argument in torts case, 28–68
definition of, 11
description for, 156
disillusionment, 61
Donovan and, 91, 101–3
ending and, 12–13
environment for, 156
in The Estate of Karen Silkwood v. Kerr-McGee, 29, 64
events in, 11, 12, 13
Failla and, 101–3
of The Hand, 14–16
in High Noon, 20–27
in Jaws, 20–27
in movies, 70
narrative logic of, 12–13, 18
narrative profluence in, 11–12, 64
pacing of, 197–99
sequence of, 11, 12, 13
setting for, 156
themes and, 16
voice and, 118
plot goals, 112–13
struggle toward, 113
plot trajectory
constraints on, 12–13
in melodrama, 65, 66
of novels, 8
opening and, 8
point of view. See perspective
Poo-tee-wee, 199
popular culture, 6
Porter, Katherine Anne, 84
post hoc ergo propter hoc fallacy, 189–90
premature ending, in melodrama, 24
present-tense voice, 6
in The Estate of Karen Silkwood v. Kerr-McGee, 29, 38–39, 52
Prince, Gerald, 189–90, 195, 198–99
proem, 32
in The Estate of Karen Silkwood v. Kerr-McGee, 58–59
profluence. See narrative profluence
progressive complications
of antagonist, 24
by Donovan, 92, 111
in The Estate of Karen Silkwood v. Kerr-McGee, 41–43
in High Noon, 25–26
prolepsis, 194–95
Propp, Vladimir, 63
protagonist. See also hero
characters as, 74–75
Failla as, 92, 96–97
as hero, 78–80
inner contradiction of, 112
scene and, 78
screenwriters on, 112, 113
steady state and, 24
punitive damages, 19
in The Estate of Karen Silkwood v. Kerr-McGee, 31, 35
purposeful motion, toward ending, 64
Quintilian, 202
Racketeer Influenced and Corrupt Organizations Act (RICO), 91, 95, 97, 100, 208
Ramirez, Helen (fictional character), in High Noon, 77, 80–81
rape, 160–64
rebuttal
in The Estate of Karen Silkwood v. Kerr-McGee, 29, 38, 40, 52–55
hero and, 40
steady state and, 38
Reck, Emil, 170–75
Reck v. Ragen, 170–75
Reich, Charles, 41–42 “Remarks About Lawyers as Storytellers” (Donovan), 202
reverse causality, 190
rhetorical questions, 51
by Donovan, 104
rhythm
chronology and, 197–99
Lodge on, 119
in movies, 198–99
voice and, 119–26
rhythms of language, 5
RICO. See Racketeer Influenced and Corrupt Organizations Act
Ricoeur, Paul, 8
Riggins, David E., 124–26, 140
Riggins v. Nevada
briefs for, 124–26
third-person objective perspective in, 140
Roemer, Michael, 9
on characters, 65, 72
on good and evil, 42
on hero, 79
on Jaws, 21
on melodrama, 19
Roosevelt, Eleanor, 102
Roosevelt, Franklin, 102
round characters, 76–77
Failla as, 92
in High Noon, 80–81
Rusk, Edward Salvatore, 160–64
Rusk v. State, 160–64
scene, 5
Mailer on, 128–30
pacing and, 197
protagonist and, 78
stretch and, 198
style and, 126–30
summary and, 126–30
Scheider, Roy, 25
The Screenplay (Mehring), 112
screenwriters
for High Noon, 21
for movies, 6
on protagonists, 112, 113
Sebald, W.G., 157, 164–75
sentences. See also death penalty mitigation
Failla and, 90
by judges, 74
settings and, 172–73
sequence of events
in ending, 64
in The Estate of Karen Silkwood v. Kerr-McGee, 46
in Jaws, 24
in movies, 12
narrative logic and, 194
narrative time and, 186
of plot, 11, 12, 13
theme and, 16–17
setting, 155–84
danger and, 158–64
for events, 156
Gardner on, 155
for Jaws, 156–57
for plot, 156
sentences and, 172–73
for theme, 156
villain as, 175–84
setup. See beginning
Shaw, Irwin, 73
Shaw, Robert, 25
side participants, 29
Silkwood, Karen, 4, 6, 28–68. See also The Estate of Karen Silkwood v. Kerr-McGee
as hero, 36
transformation of, 36
Simpson, O.J., 18
Slaughterhouse Five (Vonnegut), 185, 187–200
Spence, Gerry, 4, 6, 20, 207
closing argument by, 28–68
ending by, 200
first-person perspective by, 139
flash-forward by, 194–95
omniscient perspective and, 143
perspective by, 138, 141
on story, 40
voice by, 118–19
zigzagging by, 29
Spielberg, Steven. See Jaws
stage, 5
static characters, 77–78
in High Noon, 81–82
steady state
Donovan and, 96–100
in The Estate of Karen Silkwood v. Kerr-McGee, 37–38, 59
Failla and, 96–100
in The Hand, 14
in High Noon, 23, 25
in Jaws, 23
markers for, 38
in plot, 13
protagonist and, 24
rebuttal and, 38
restoration of, 13
trouble and, 24
Steinbeck, John, 135
story. See also backstory; framing story; ministory
arguments into, 40
in death penalty mitigation, 65
evidence into, 20
jury and, 6
narrative logic of, 141
parts of, 4–5
Spence on, 40
stretch, 127
scene and, 198
summary and, 198
strict liability
Donovan and, 94–95
in The Estate of Karen Silkwood v. Kerr-McGee, 33–34
Failla and, 94–95
struggle
between good and evil, 24
toward plot goals, 113
transformation and, 24
trouble and, 23–24
style
perspective and, 138–53
scenes and, 126–30
summary and, 126–30
voice and, 117–19
subplots, 205
Grasso and, 92
in High Noon, 25–26
summary, 5
for Atkins v. Virginia, 134–37
briefs and, 127, 128
by Donovan, 127
for Failla, 127
Lodge on, 127
pacing and, 197
scenes and, 126–30
stretch and, 198
style and, 126–30
“Suzanne” (Cohen), 159
Tarantino, Quentin, 176
theme
characters and, 113–14
definition of, 16–17
description for, 156
environment for, 156
for The Estate of Karen Silkwood v. Kerr-McGee, 33–36, 64
Gardner on, 16, 17
of hero, 20
of High Noon, 22
in Jaws, 20–21
of movies, 113–14
plots and, 16
setting for, 156
theory of the case and, 17–18, 64
zigzagging and, 38–39
theory of the case
Cochran and, 18
for The Estate of Karen Silkwood v. Kerr-McGee, 33–36
theme and, 17–18, 64
zigzagging and, 38–39
third-person objective perspective, 140
third-person subjective perspective, 139
This Boy’s Life (Wolff)
character development in, 82–89
characterization in, 82–89
Dwight in, 85–89
excerpts from, 85–89
Failla and, 101
Toby in, 85–89
Three Mile Island, 37
time. See narrative time
Toby (fictional character), in This Boy’s Life, 85–89
“To Invigorate Literary Mind, Start Moving Literary Feet” (Oates), 155
torts, 9–10
closing argument in, 28–68
good and evil in, 65
melodrama in, 19, 118
townspeople, in High Noon, 21–22, 26, 37, 41, 43–46, 75
transformation
of characters, 77
in High Noon, 26–27
in plot, 13
of Silkwood, 36
struggle and, 24
transformed steady state, in The Hand, 15–16
trouble
in beginning, 63
Donovan and, 96–100
in The Estate of Karen Silkwood v. Kerr-McGee, 37–38, 67
Failla and, 96–100
in High Noon, 23
in Jaws, 23
in plot, 13
steady state and, 24
struggle and, 23–24
Uncle Ambrose, 165–69, 173, 181
verisimilitude (lifelikeness), 3
video evidence, 6
villain
as antagonist, 19
in ending, 64
environments as, 175–84
in The Estate of Karen Silkwood v. Kerr-McGee, 35, 36, 41–46, 49–50
Grasso as, 92, 97–100
hero and, 66
in High Noon, 20
in Jaws, 24–25
in melodrama, 19, 36, 65–66
settings as, 175–84
visual aids, 6
voice, 5.
See also present-tense voice
in briefs, 130
in In Cold Blood, 130–33
in The Estate of Karen Silkwood v. Kerr-McGee, 118–19
rhythm and, 119–26
in Riggins v. Nevada, 125–26
by Spence, 118–19
style and, 117–19
using several, 130–37
Vonnegut, Kurt, Jr., 185, 187–200
Wharton, Edith, 72
on hero, 79
While They Slept (Harrison), 175–84
“The White Album” (Didion), 158–64
White Album (The Beatles), 159
Williams, Terry, 145–47
Williams v. Taylor, 145–47
Wisdom of the Heart (Miller), 1
Wolff, Tobias, 82–89
Wood, James, 83
zigzagging
in The Estate of Karen Silkwood v. Kerr-McGee, 46
by Spence, 29
between theme and theory of the case, 38–39, 64
Zinnemann, Fred, 21