PERSUASIVE CONFIDENCE WITH THE ARBITER: THE EVIDENCE CASE MATRIX IN THE JIM PETERSON CASE

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PERSUASIVE CONFIDENCE WITH THE ARBITER: THE EVIDENCE CASE MATRIX IN THE JIM PETERSON CASE

PERSUASIVE CONFIDENCE WITH THE ARBITER

THE EVIDENCE CASE MATRIX IN THE JIM PETERSON CASE 

 

(Fact Pattern: Jim Peterson was struck from behind on his way to work in morning traffic.  He had slowed to allow an ambulance to pass where a road narrowed due to traffic cones.  It is asserted alleged tortfeasor Dominic James struck Mr. Peterson’s vehicle creating the loss.) Persuasive Impact … that’s the final column to be completed on our Evidence Cast Matrix tied to our sample case.  The nice thing about this category is the degree of persuasiveness you allow for provides you direct insight into what the strength of your case is and what you want to showcase before the Arbitrator.  It also allows perspective into what evidence might not be as forceful as you would like.  Remember, Persuasive Impact looks at the level of confidence the Arbitrator is likely to place in the Sources of Proof you offer in support of your theory and therefore … Recovery.     It runs the gamut from Conclusive (think Photos) to Relevant (think Police Report) to Persuasive (consider the Estimate for the Damages).  By rating or tying a Persuasive Impact level to each Source of Proof you can then assess where to place your energies as you draft your Contentions.  Quick example … your witness says they do not recall seeing traffic cones in the area of Mr. Peterson’s loss.  But, they absolutely remember an Ambulance with sirens blaring that came by.  Which comment is ‘persuasive’ tied to the loss in the Arbitrator’s eyes and which is ‘possibly limited’ ?  As you draft your Contentions which will you showcase and which will you look for other evidentiary items to support (that the cones were there) ?  All in all, the various levels of ‘Persuasive Impact’ are composed of … Persuasive; Conclusive; Substantial; Relevant; Interested; May Undercut; Possibly Limited and Unknown.  Leverage Persuasion for the Win -

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