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COM 557, Spring 2008 – Reading Guide Questions for February 19
For Scheutz Ch. 4.
Read pp. 79-86 to put
the tobacco litigation in context
GAMES
1. What is offensive
empowerment? How was it enacted in the tobacco litigation?
What equivalent to this have you seen enacted (or enacted yourself) in
your everyday life?
2. What is refocusing the
complaint? How was it enacted in the tobacco
litigation? What was it supposed to accomplish?
3. What is divide and conquer?
How was it enacted in the tobacco litigation? What equivalent to this
have you seen enacted (or enacted yourself) in your everyday life?
THE MINNESOTA LITIGATION
4. What did the judge do that Schuetz calls “chance factors?” Was
he morally justified in doing these things? Legally justified?
5. Once again, what is the purpose of discovery?
6. For each discovery method listed below: a) What is it,
generally? b) What did the parties attempt with this discovery
method in the Minnesota litigation, and to what effect?
- interrogatories
- document requests
- admission requests
- pretrial motions re evidence
- depositions
7. Once again, what is a “theory of the case?” What was the
theory the attorneys general used? What was the theory the
tobacco industry used?
8. What evidentiary tactics did the attorneys general use?
Why? What evidentiary tactics dod the tobacco industry use? Why?
9. What are the policy reasons for the protocol for introducing
evidence set forth on p. 101?
10. What’s the point of the testimony set forth on pp. 102-104?
Imagine you’re a juror in this trial. How would you react to this
testimony? Why?
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February 2008
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