Assignments
(under reconstruction!)
for
Fact Investigation I
(spring semester 2012)
Cardozo School of Law
Philip Segal, Esq. & Professor Peter Tillers
The investigative authority of the Ombudsman's Office encompasses legal violations committed by both governmental and nongovernmental entities and persons.
The Office of the Ombudsman has no subpoena power or any other authority to coerce the production of evidence. For example, the Ombudsman's Office lacks authority to obtain a search warrant.
Peter Tillers and Philip Segal are
your supervisors in the Office of the Ombudsman. They fancy they are your
colleagues. But they are also your bosses. Hence, while Tillers & Segal will often let you use
your judgment and make your own decisions, sometimes they will pull rank and tell
you what do.
Segal & Tillers have just told you that your first task --
effective immediately -- is to start looking for matters that might warrant
further investigation by the Office of the Ombudsman. (While this statement by
Segal & Tillers may be an order or directive, their directive plainly leaves a lot
to your discretion and judgment.)
Cf. Kevin Davis Journalism & Justice: Did Innocence Project Student Reporters Get Too Close to Lawyers? ABA Journal (January 2012).
Your assignment
for our first meeting in week 1: go to "Lessons" page of the course's web site on ANGEL and enter in "Discussion of Possible Topics" at least one comment or suggestion about possible investigation topics.
Study
ANALYSIS OF EVIDENCE pp. 56-60 & 98-99 (on abductive inferennce)Further (optional) reading:Peter Tillers, Note on the Suggestive Force of Evidentiary Details
John R. Josephson & Susan G. Josephson, Chapter 1 ABDUCTIVE INFERENCE: Cumputation, Philosophy, Technology (Cambridge University Press, 1994)Uwe Wirth, What Is Abductive Inference?
Scott Brewer, Evidence: A Logical Approach
New Assignment
First, read "A Short Guide to Database Searching" on the Lessons page of the ANGEL web site for this course.
This document is just three pages long, but we will ask you to return to it several times during the semester. It’s a compilation of some of the advice we’ve often provided over the years to first-time investigators. Later in the semester, someone in class will likely complain that he or she has checked Google, found nothing about a particular person, and is at a loss about what to do next. This document will provide a few suggestions both about how to proceed when you’re stuck and how to make sure you’re getting the most out of your sources.
Phil Segal will give a short lecture on database searching.
Second, lightly skim A
Theory of Preliminary Fact Investigation
Third, play with the software application MarshalPlan.
Either (i) use the software you were given in the first class (this software works with Windows); (ii) go to this folder, download Revolution Player, download all stacks in the Windows folder or in the folder for your operating system (e.g., an Apple OS), and then use the Revolution Player to run all of the downloaded stacks; or (iii) go to this folder and download the version of the software that works with your operating system (Windows, Linux, or some Apple operating system). The third option is much simpler than the second one.If you use Firefox 3.x, you may also be able to run this software in your browser. To try to do that, go here. For general information about this software go here.
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As before, your job is to uncover matters that might warrant further investigation by the Office of the Ombudsman of the State of New York [or -- depending on the investigation topic -- New Jersey]; i.e., be on the lookout for subjects of possible investigation by the Ombudsman's Office.
The entire class will discuss your suggestions of or thoughts about possible investigation topics. Be prepared to describe the specific steps you took in your attempt(s) to identify possible topics for further investigation.
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Reminder: Discuss possible investigation topics online. To do so, go to the law school's ANGEL web site at
To receive e-mail messages notifying you of new Discussion posts, go to this course's "Communicate" page on ANGEL and under "Discussion Forums" click on "Subscribe."
New & very important:
Recording Evidence & Other Information
As you now begin to gather evidence, it is not too early for you to bear in mind that (i) human memory is imperfect and (ii) people other than a particular investigator -- including other investigators (investigation often and perhaps ordinarily is a "distributed activity" involving multiple actors) --, people other than a particular investigator may need or want to know the evidence that an investigator has acquired, and, even if a particular investigator's memory is perfect (which it is not), a particular investigator may not be readily available to other investigators and decision makers who may need or want to have the evidence that the investigator has found. These are considerations that suggest that it is sometimes important for an investigator to record the evidence and information (s)he finds or acquires. (There are other reasons why keeping records of evidence -- in modern parlance, "evidence databases" -- is important.) In this course we cannot maintain the kinds of records that a real-life investigator would keep. But, to the extent possible, you must make and preserve written records of evidence that you believe may turn out to be important for one reason or another. These written records should be available to your colleagues, your superiors, and your successors. Hence, to the extent possible, preserve the evidence and information you gather by recording it in the appropriate Google Doc [Google Document].
We (the instructors) will discuss, in class and by e-mail, how you and the investigation teams in the course will use Google Docs. If you do not already have a Google account, sign up for one here. (The account is free. You have to have a Google account to access your team's Google Docs.)
for Week 3
1
Google your parents. Where do they live? What did they pay for their house and what was the mortgage? (Neither Phil Segal nor Peter Tillers will check your results due to privacy, but we want you to see how easy -- or hard -- it is to do such a search properly.)
2
Study Part
I Section C Subsection 9 in A
Theory of Preliminary Fact Investigation
3
P. Tillers, Notes on Legal Marshaling
4
View the "Legal Rules" stack. Either (i) use the software you were given in class (this software works with Windows); (ii) go to this folder, download Revolution Player, download all stacks in the Windows folder or in the folder for your operating system (e.g., an Apple OS), and then use the Revolution Player to run all of the downloaded stacks; or (iii) go to this folder and download the version of the software that works with your operating system (Windows, Linux, or some Apple operating system). If you choose the third option, click buttons until you get to the Legal Rules stack.
If you use Firefox 3.x, you may also be able to run this software in your browser. To try to do that, go here.
For general information about this software go here. For general information about this software go here.
View the stack "Evidence of Material Facts" and the stack "Evidence for and against Material Facts." Use the procedure described above; that is, either (i) use the software you were given in class (this software works with Windows); (ii) go to this folder, download Revolution Player, download all stacks in the Windows folder or in the folder for your operating system (e.g., an Apple OS), and then use the Revolution Player to run all of the downloaded stacks; or (iii) go to this folder and download the version of the software that works with your operating system (Windows, Linux, or some Apple operating system). If you choose the third option, once again click buttons until you get to the stacks that you want to see.
If you use Firefox 3.x, you may also be able to run this software in your browser. To try to do that, go here.
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Your job this week is either to launch the investigations of the identified topics or to conduct "pre-investigation investigations" of certain potential topics to determine whether those investigations should be carried forward or not.
More than half of the third class session will be devoted to a discussion inter sese of your investigation topics. In the meantime, of course, you will be discussing your topics online and starting your investigations. The instructors will be issuing online instructions and discussing with you, online, the steps you might or should take.
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Note to outsiders & insiders: Tillers discovered Google Docs and their many uses. The members of Fact Investigation will do most of their discussing and will store many of their findings and hypotheses in Google Docs instead of in ANGEL. (ANGEL has its uses. But it is in some ways very clunky. For example, Tillers has found no effective way to do searches of the data entered in an ANGEL web site for a course. For our purposes such an inability to retrieve data spells disaster -- because forgotten and unretrievable evidence and other information might as well not exist.)
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Important reminder:
Recording Evidence & Other Information
As you now begin to gather evidence, it is not too early for you to bear in mind that (i) human memory is imperfect and (ii) people other than a particular investigator -- including other investigators (investigation often and perhaps ordinarily is a "distributed activity" involving multiple actors) --, people other than a particular investigator may need or want to know the evidence that an investigator has acquired, and, even if a particular investigator's memory is perfect (which it is not), a particular investigator may not be readily available to other investigators and decision makers who may need or want to have the evidence that the investigator has found. These are considerations that suggest that it is sometimes important for an investigator to record the evidence and information (s)he finds or acquires. (There are other reasons why keeping records of evidence -- in modern parlance, "evidence databases" -- is important.) In this course we cannot maintain the kinds of records that a real-life investigator would keep. But, to the extent possible, you must make and preserve written records of evidence that you believe may turn out to be important for one reason or another. These written records should be available to your colleagues, your superiors, and your successors. Hence, to the extent possible, preserve the evidence and information you gather by recording it in the appropriate Google Doc [Google Document].
The instructors will discuss, in class and by e-mail, how you and the investigation teams in the course will use Google Docs.
For the benefit of outsiders:
Almost all of the discussion and work in this course take place via e-mail and e-mail attachments and on secure (private) online web sites.
There are now -- in [month] 2012 -- n investigations underway. The topics (very roughly described) are: (i) ...; (ii) ...; (iii) ...; (iv)...; and (v) .... Time will tell whether the number of investigations winnows down as time passes and further investigation occurs. (The members of the course are in part now investigating whether further investigation of certain matters is warranted.)
for Week 4
Assignment: Part A
Investigation Topics
Further discussion [in dedicated & shared Google Docs] of investigation topics. Submit a minimum -- an absolute minimum -- of one post at least 24 hours before class.
Important reminder:
Recording Evidence & Other Information
As you now begin to gather evidence, it is not too early for you to bear in mind that (i) human memory is imperfect and (ii) people other than a particular investigator -- including other investigators (investigation often and perhaps ordinarily is a "distributed activity" involving multiple actors) --, people other than a particular investigator may need or want to know the evidence that an investigator has acquired, and, even if a particular investigator's memory is perfect (which it is not), a particular investigator may not be readily available to other investigators and decision makers who may need or want to have the evidence that the investigator has found. These are considerations that suggest that it is sometimes important for an investigator to record the evidence and information (s)he finds or acquires. (There are other reasons why keeping records of evidence -- in modern parlance, "evidence databases" -- is important.) In this course we cannot maintain the kinds of records that a real-life investigator would keep. But, to the extent possible, you must make and preserve written records of evidence that you believe may turn out to be important for one reason or another. These written records should be available to your colleagues, your superiors, and your successors. Hence, to the extent possible, preserve the evidence and information you gather by recording it in the appropriate Google Doc [Google Document].
The instructors (Phil & Peter) have discussed, in class and by e-mail, how you and the investigation teams in the course are to use Google Docs.
For the benefit of outsiders:There are now ... investigations underway. One investigation deals with [TBA] ; an other, with [TBA]; etc.
Assignment: Part B
Exercise on Database Searching
How did you do Googling your parents? If you did not succeed, we will now move on to some sites that may help you - namely the New York City site that scans all current deeds and mortgages, as well as a helpful starting point for public records in most of the 3,033 counties in the U.S. Your assignment this week is to use a county-level site to try to find the information assigned last week.
Study:
Part I Section C Subsection 7 (focus on event chronologies [timelines] and not on scenarios) in A Theory of Preliminary Fact Investigation
Part II Section C Subsection 1 in A Theory of Preliminary Fact Investigation
Peter Tillers, Note on Timelines
for Week 5
Assignment
1. Exercise on Physical or On-Site Searches of Public Records
Companies. After an introduction to the various Secretary of State websites in our part of the U.S., the assignment will involve research on a New York company. Who appears to own it? If the place went bankrupt and you had to serve the owner personally at home, how might you do it and where do you think he lives? Bonus question: if he owns a company, why would you need to serve him personally? Isn't it the point of a company that you don't have personal liability for the debts of a company you own?
2. Further discussion [in dedicated & shared Google Docs] of investigation topics. Submit a minimum -- an absolute minimum -- of one post at least 24 hours before class.
3. Study:
ANALYSIS OF EVIDENCE pp. 153-158 ("Theories, themes, stories, and situation-types")
Part I Section C Subsection 7 in A Theory of Preliminary Fact Investigation (focus on scenarios)
Part II Section C Subsection 2 in A Theory of Preliminary Fact Investigation
Peter Tillers, Note on Scenarios
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If you are floundering in your attempts to develop a sensible plan of attack on your chosen or assigned topic, perhaps the appropriate procedure in the midst of the bloomin' and buzzin' confusion you are experiencing is ...
for Week 6
Assignment
1. Further discussion [in dedicated & shared Google Docs] of investigation topics. Submit a minimum -- an absolute minimum -- of one post at least 24 hours before class.
Note to outsiders: There are now [TBA] investigations underway. One investigation deals with [TBA]; another, with [TBA]; etc.
2. On strategies for interviewing witnesses, read How to Interview a Witness..
A Note about Further Investigation Assignments
Because of the need for confidentiality many parts of further assignments in this course will not be posted on this particular web page; they will be posted instead on secure web pages that are accessible only to members of this course.
For the benefit of outsiders: There are now [TBA] investigations underway. One investigation deals with [TBA]; another, with [TBA]; etc.
for Week 7
Assignment
1. Further discussion [in dedicated & shared Google Docs] of investigation topics. Submit a minimum -- an absolute minimum -- of one post at least 24 hours before class.
2. The academic portion of classroom discussion in this week's class focuses on gross marshaling of evidence based on the elements of legal claims and defenses and based on the associated ultimate legally-material facts in issue.
We will also begion to think and talk about detailed, or granular, argument from evidence to ultimate material facts in issue. This means in part that we will begin -- but only begin -- talking about inference networks. In thinking about and working with chains and networks of inference, you will find it useful to use drawing software. (There are other computer applications you may -- or may not -- find useful. Tillers will mention some of those computer programs later.)
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Note to outsiders: There are now [TBA] investigations underway. One investigation deals with [TBA]; another, with [TBA]; etc.
for Week 8
Assignment
1. Further discussion [in dedicated & shared Google Docs] of investigation topics. Submit a minimum -- an absolute minimum -- of one post at least 24 hours before class.
2. ANALYSIS OF EVIDENCE Chapter 5
[At about this point in the course -- the precise timing depends on how much evidence you have gathered and how focused your investigation or investigations have become -- Phil S & Peter T will ask you (members of the course) to construct a small "inference network" that describes and dissect a small part of the evidence you have gathered and just a few of the inferences that your evidence suggests and supports.]
for Week 9
Assignment
1. Further discussion [in dedicated & shared Google Docs] of investigation topics. Submit a minimum -- an absolute minimum -- of one post at least 24 hours before class.
2. Review ANALYSIS OF EVIDENCE Chapter 5.
3. Study MarshalPlan's "Probative Value" stack (including all notes).
Reminder: Use the procedure described earlier; that is, either (i) use the software you were given in class (this software works with Windows); (ii) go to this folder, download Revolution Player, download all stacks in the Windows folder or in the folder for your operating system (e.g., an Apple OS), and then use the Revolution Player to run all of the downloaded stacks; or (iii) go to this folder and download the version of the software that works with your operating system (Windows, Linux, or some Apple operating system). If you choose the third option, once again click buttons until you get to the stack or stacks that you want to see.
- If you use Firefox 3.X, you may be able to run this software in your browser. To do that, go here.
4. Construct a (small) inference network, or chart, based on evidence taken from your investigations.
for Week 10
Assignment
1. Further discussion [in dedicated & shared Google Docs] of investigation topics. Submit a minimum -- an absolute minimum -- of one post at least 24 hours before class. Begin work on your master document.
2. Review previous assignments on inference networks.
3. Refine your inference network based on evidence uncovered during your investigation.
for Week 11
Assignment
1. Further discussion [in dedicated & shared Google Docs] of investigation topics. Submit a minimum -- an absolute minimum -- of one post at least 24 hours before class. (Work on your master document.)2. Study MarshalPlan's Witness Credibility stack (including all notes).
Reminder: Use the procedure described earlier; that is, either (i) use the software you were given in class (this software works with Windows); (ii) go to this folder, download Revolution Player, download all stacks in the Windows folder or in the folder for your operating system (e.g., an Apple OS), and then use the Revolution Player to run all of the downloaded stacks; or (iii) go to this folder and download the version of the software that works with your operating system (Windows, Linux, or some Apple operating system). If you choose the third option, once again click buttons until you get to the stack or stacks that you want to see.
- If you use Firefox 3.X, you may be able to run this software in your browser. To do that, go here.
3. Construct an inference network, or chart, about the credibility of a witness identified in your investigations.
for Week 12
Assignment
1. Further discussion [in dedicated & shared Google Docs] of investigation topics. Submit a minimum -- an absolute minimum -- of one post at least 24 hours before class.
2. Review previous assignments on charting argument about witness credibility.
3. Refine your chart (inference network) about the credibility of your chosen witness.
for Week 13
Assignment
1. Further discussion [in dedicated & shared Google Docs] of investigation topics. Submit a minimum -- an absolute minimum -- of one post at least 24 hours before class. (Work on your master document.)
2. Study Part II Section C Subsection 3 & Conclusion in A Theory of Preliminary Fact Investigation
3. Study the "Case Theory" stack (including all notes).
Reminder: Use the procedure described earlier; that is, either (i) use the software you were given in class (this software works with Windows); (ii) go to this folder, download Revolution Player, download all stacks in the Windows folder or in the folder for your operating system (e.g., an Apple OS), and then use the Revolution Player to run all of the downloaded stacks; or (iii) go to this folder and download the version of the software that works with your operating system (Windows, Linux, or some Apple operating system). If you choose the third option, once again click buttons until you get to the stack or stacks that you want to see.
- If you use Firefox 3.X, you may be able to run this software in your browser. To do that, go here.
