Ian Whitcomb, Titanic: Music as Heard on the Fateful Voyage

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Transcript of Ian Whitcomb, Titanic: Music as Heard on the Fateful Voyage

  • Ian Whitcomb, Titanic: Music as Heard on the Fateful Voyage

  • Liesner v. WanieTRIAL RECORD

  • Phosphorus: DQ19 (Wanie)Wanie must have argued:L-Boys did not mortally wound wolfL-Boys did not continue pursuit

    BEST EVIDENCE SUPPORTING?

  • Phosphorus: DQ19 (Wanie)Wanie must have argued:L-Boys did not mortally wound wolfL-Boys did not continue pursuitBEST EVIDENCE SUPPORTING?Wanie testimony re woundEarlier pursuit & shots that hit wolfOTHER?

  • ZINC: DQ19 (Liesners)Liesners must have argued:L-Boys did mortally wound wolfL-Boys did continue pursuit

    BEST EVIDENCE SUPPORTING?

  • DQ20: Trial Judges PerspectiveHe must believe:Abdomen shot was mortal wound (gut shot; wolfs behavior)Only evidence of shot that could have made that wound was Liesner shot (bullet/angle)Keep in MindJudge probably had experience with guns & huntingJudge could see pelt & holes

  • Why No Ratione Soli?Apparently not claimed Maybe: Lawyers Mistake or Owner UnawareMaybe: Unowned or unclaimed land or custom to allow huntMaybe 1st Liesner shot on Liesner land & death on Wanie land

  • PHOSPHORUS: DQ21What relevance do the additional facts found in the trial record have for how you should read the appellate opinion?

  • Liesner v. WanieTRIAL RECORD:Questions?

  • 1902 1908 1914

    Brief Musical Interlude

  • Calcium:Shaw Brief

  • Calcium: Shaw BriefSTATEMENT OF THE CASE?

  • Calcium: Shaw BriefSTATEMENT OF THE CASE?CRIMINAL CASEGovernment always brings the suitState charged X with [name of crime]Criminal action against X for [name of crime]Relief requested always is incarcera-tion or fines; can leave unstated.

  • Calcium: Shaw BriefSTATEMENT OF THE CASE?State charged 3 defendants (including Thomas & Shaw) who removed fish from nets belonging to others with grand larceny.

  • Calcium: Shaw BriefPROCEDURAL POSTURE?

  • Calcium: Shaw BriefPROCEDURAL POSTURE?Thomas was indicted and tried. At the close of the states evidence, the Court directed a verdict for Thomas. The state excepted [appealed].

  • Calcium: Shaw BriefFACTSWell do next week!

  • Calcium: Shaw BriefISSUE: PROCEDURAL PART?

  • Calcium: Shaw BriefISSUE: PROCEDURAL PART?Did the trial court err in directing a verdict for the defendant

  • Calcium: Shaw BriefISSUE: SUBSTANTIVE PART?Directed verdict means states evidence was insufficient to show the crime. What did Trial Court think was missing here? Why did it matter?

  • Calcium: Shaw BriefISSUE: SUBSTANTIVE PART?Trial Court held that fish caught in nets are not the property of the net-owner if some fish can escape from nets (perfect net rule)What does state say is wrong with Trial Courts position?

  • Calcium: Shaw BriefISSUE: SUBSTANTIVE PART?Trial Court held that fish caught in nets are not the property of the netowner when some fish can escape from nets (Perfect Net Rule)State says net need not be perfect to create property rights in net-owners.

  • Calcium: Shaw BriefISSUE: Did the trial court err in directing a verdict for the defendant on the grounds that defendant did not commit grand larceny because owners of nets cannot have property rights in fish found in their nets where the fish can escape from the nets?

  • Discussions of Shaw Next WeekFOCUS ON PERFECT NET RULEDo our other cases support the rule?Policy arguments for and against the rule.When the Ohio Supreme Court rejects the rule, what does it leave in its place?

  • LIESNER PREVAILING RULE:COMPARE POSSIBLE RULESActual Possession LikelyActual Possession Practically InevitableActual Possession Inevitable

  • COMPARE POSSIBLE RULESActual Possession LikelyActual Possession Practically InevitableActual Possession Inevitable

    NEON: DQ17: Policies Supporting Choice of #2?

  • COMPARE POSSIBLE RULESActual Possession LikelyActual Possession Practically InevitableActual Possession Inevitable

    NEON: DQ17: Policies Opposing Choice of #2?