Written on
January 14, 2004
by
David C. Sarnacki
Checklists
COURTROOM PREPARATION OUTLINE:
1. Prepare theory of case.
2. Develop theme.
3. Prepare closing argument.
4. Identify each factual component of closing argument.
5. Decide which fact sources you will use at trial (documents, direct examination testimony, cross examination testimony).
6. Prepare cross-examination.
7. Prepare direct examination.
8. Prepare opening statement.
9. Prepare objection strategy.
10. Prepare trial notebook.
Posted in Persuasion/Advocacy 
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Written on
January 13, 2004
by
David C. Sarnacki
The Michigan Court of Appeals recently applied the presumption for service by mail in LYONS v COATES (January 8, 2004, Case No. 242666). The memorandum opinion affirmed summary disposition against a party who claimed the motion papers were never received, contrary to the proof of service on file (excerpt):
Documents properly addressed and placed in the mail are presumed to reach their destination. Crawford v Michigan, 208 Mich App 117, 121; 527 NW2d 30 (1994). “This presumption may be rebutted by evidence, but whether it was is a question for the trier of fact.” Stacey v Sankovich, 19 Mich App 688, 694; 173 NW2d 225 (1969). Plaintiff denied receipt of the papers but presented no evidence to rebut the presumption of receipt. The mere denial of service is insufficient to rebut the presumption. Cf. Ins Co of North America v Issett, 84 Mich App 45, 49; 269 NW2d 301 (1978); James v James, 57 Mich App 452, 454; 225 NW2d 804 (1975). Under the circumstances, we find that the trial court did not abuse its discretion in denying plaintiff’s motion.
Posted in Law: Cases/Statutes No Comments »
Written on
January 13, 2004
by
David C. Sarnacki
Recent changes to the Michigan Rules of Evidence include:
Expert testimony (1/1/2004)
MRE 702–amended to emphasize the trial judge’s gatekeeping role in excluding unproven expert theories and methodologies. See Daubert v Merrell Dow Pharmaceuticals, Inc., 509 US 579 (1993); Kumho Tire Co v Carmichael, 526 US 137 (1999).
Bases of expert testimony (9/1/2003)
MRE 703–amended to exclude opinions based on facts or data not in evidence. See MRE 1101 amendment.
Friend of the Court (FOC) reports (9/1/2003)
MRE 1101–amended to allow trial judges to consider FOC reports prepared pursuant to MCL 552.505(1)(g, h).
Posted in Procedures/Rules No Comments »
Written on
January 12, 2004
by
Scott Bassett
One of the least well-kept secrets of law office word processing is that Microsoft Word saves as hidden information a great deal of data about who created a document, who modified it and when, and what those modifications were. If the recipient of one of your Word files knows where to look, he or she can learn a great deal more than you want to reveal. When you send legal document to a client or opposing counsel for review, your best bet is to convert it to an uneditable “image” format such as PDF (Adobe Acrobat). But if you need to send it in Word format, make sure your case, client, and career are not jeopardized by the hidden information, called “metadata” that is transmitted with that document.
Until now, effectively stripping metadata required that you buy a third-party utility such as Metadata Assistant from Payne Consulting Group. Last week Microsoft finally stepped up to the plate and offered a free utility of its own to strip metadata from Word and Excel documents. The catch is that it works only with Office XP and Office 2003. If you are using an older version of MS Office (such as 2000 or 97), the additional law-firm friendly features in Word XP and Word 2003 make an upgrade more than worthwhile anyway. The new tool is called the Remove Hidden Data Tool. It is available as a free download from Microsoft here. By the way, it only works with the Windows XP operating system. This is yet another reason to ditch you old Windows 98 or ME dinosaur and buy something more modern, speedy, reliable, and efficient.
Posted in Technology 1 Comment »
Written on
January 12, 2004
by
David C. Sarnacki
The New York Times reports on households with “Two Fathers, With One Happy to Stay at Home.” Ginia Bellafante writes (excerpt):
In assuming those roles, demographers say, the two are part of an emerging population of gay men who are not only raising children but are also committed to the idea that one parent should leave the workplace to do it. Of 9,328 same-sex couples with children whose census returns were randomly selected for analysis by the Census Bureau, 26 percent of the male couples included a stay-at-home parent, said Gary Gates, a demographer with the Urban Institute, a nonpartisan research organization in Washington. That figure is one percentage point more than for married couples with children and four percentage points higher than for female couples, said Mr. Gates, who performed the analysis for this article.
The percentage of men who stay at home is significantly smaller among married heterosexual couples, Mr. Gates said.
The obstacles of finding surrogate mothers and of discriminatory adoption laws that favor heterosexual couples have led some gay men to pursue parenthood with fervor.
“Being a planned gay father is such a project in itself,” said Judith Stacey, a professor of sociology at New York University and a senior scholar at the Council on Contemporary Families, a research organization. Often, Professor Stacey said, gay fathers or those aspiring to be “remain very judgmental of parents who don’t stay home.”
To some gay men, the idea of entrusting the care of a hard-won child to someone else seems to defeat the purpose of parenthood.
***
Same-sex couples with a stay-at-home parent are doing this even though census figures show that their median household income, $35,000, is lower than the $45,000 for a heterosexual married couple with a stay-at-home parent, Mr. Gates of the Urban Institute said.
The 2000 census found that there were some 60,000 male couple households with children in America, and close to 96,000 female couple households. Those figures are about 20 percent of all male couples and a third of all female couples.
Rob Calhoun and his partner refinanced their home in suburban Atlanta when Mr. Calhoun quit his job as a social worker to stay home with their baby daughter. “We really couldn’t afford it,” Mr. Calhoun said.
Sociologists, gender researchers and gay parents themselves say that because gay men are liberated from the cultural expectations and pressures that women face to balance work and family life, they may approach raising children with a greater sense of freedom and choice.
They may also not fear stigmatization in these new roles, said Ellen Lewin, chairwoman of the women’s studies department at the University of Iowa. Professor Lewin is the author of “Lesbian Mothers” (Cornell University Press, 1993) and is working on a study of gay fathers.
Conversely, feminism’s legacy may leave lesbians more ideologically committed to equality in their relationships, said Christopher Carrington, a professor of sociology at San Francisco State University and the author of “No Place Like Home” (University of Chicago Press, 2002), which examines how gay and lesbian couples divide household labor.
Posted in Families/Children No Comments »
Written on
January 12, 2004
by
David C. Sarnacki
Recent changes to the Michigan Court Rules include:
Fax filings (1/1/2004)
MCR 2.406–adopted to establish uniform practices for courts that choose to allow facsimile filings.
Service (1/1/2004)
MCR 3.203–amended to clarify how notice is to be provided when not specified by statute or court rule.
Attorney fees (9/1/2003)
MCR 3.206–amended to shift the cost associated with a party’s refusal to comply with previous court orders.
Interviews of minor children (5/1/2004)
MCR 3.210–amended as a followup to Molloy v Molloy, 466 Mich 852 (2002) to clarify that interview is to focus on child’s custodial preference and to limit use of information to that factor alone.
Posted in Procedures/Rules No Comments »
Written on
January 11, 2004
by
David C. Sarnacki
The Michigan court of appeals is publishing ESTATE OF CHERYL A. ROWLEY a/k/a CHERYL A. MAC INNES, v. JOE DEE MAC INNES (January 8, 2004, Case No. 241649). A waiver of life insurance proceeds in a consent judgment of divorce releases the former spouse’s rights. Neff writes (excerpt):
Defendant appeals by delayed leave an order of the trial court directing him to pay over to plaintiff $95,000 in life insurance proceeds he received upon the death of his former wife, Cheryl Rowley, where she failed to change the beneficiary designation on her life insurance policy after the couple’s divorce. The court concluded that a provision in the consent judgment of divorce, releasing all rights of either party to the proceeds of any life insurance on the other, waived defendant’s right to Rowley’s life insurance proceeds. We affirm.
***
Having concurred with the majority view in the federal circuits and concluded that giving effect to the above provision does not compromise the purpose and goals of ERISA, Melton, supra at 945, we hold that defendant waived his rights to the life insurance proceeds at issue and thus is not entitled to retain them. The above provision is all-inclusive with regard to defendant’s relinquishment of his right to life insurance proceeds from policies owned by his former wife: “[E]xcept as otherwise provided, all rights . . . to the proceeds of any policy . . . of life insurance . . . shall hereupon become and be payable to the estate of the owner of said policy . . . ” This language is explicit in its intent to divest defendant of his interest in life insurance proceeds from policies owned by Rowley. Thomas v Detroit Retirement System, 246 Mich App 155, 160-161; 631 NW2d 349 (2001); Massachusetts Indemnity, supra at 268; see also Clift, supra (no “magic words” necessary for effective waiver). In our view, giving effect to the waiver best serves the ends of justice where a divorcing couple’s intent is clear. Silber, supra at 403-404.
We find no merit in defendant’s argument that the trial court erroneously viewed the consent judgment of divorce as a contract. As the trial court recognized, a divorce judgment entered by consent is in the nature of a contract, and a settlement agreement, i.e., a stipulation and property settlement, is a contract . . . .
Posted in Law: Cases/Statutes No Comments »
Written on
January 11, 2004
by
David C. Sarnacki
The New York TImes shows the new approach to public service ads targeted at kids. Shaila K. Dewan writes (excerpt):
The campaign is different from those that have gone before it. It does not try to shame the viewer into action. There are no scare tactics that end in the coffins or graves. This is not your brain on drugs. Nor does it emphasize a positive message – snowboarding as the anti-drug, say – that might seem out of reach to its target audience.
Like its precursors in the squeamish 1950’s, the wised-up 1970’s, the fearful “Just Say No” and let’s-hear-nothing-else-about-it 1980’s, the “Face the Issue” campaign reflects its time. Brutally frank and uncomfortably intimate, it delves into a world in which young people grow up faster, are more sophisticated and, statistics show, are increasingly diagnosed as troubled. Perhaps more important, rather than appeal to parents, it asks young people to take action themselves. Each message ends with the words: “Your choice.”
The 30-second spots, made at cost with the stars donating their time, have been shown on MTV, the WB and other networks. An important component is the corresponding Web site, www.facetheissue.com, a sort of online group therapy session whose users post messages about their problems. The day after the campaign began in late October, the site got 300,000 hits. As of last week, two million people had visited.
***
In the 1990’s, research showed that parents are far more effective messengers. New slogans urged parents to talk to their children about drugs and sex.
But an obstacle for teens with eating disorders or drug problems, several experts said, is their parents’ denial. A child may not have anorexia but still have serious food-related problems, said Susan Smalley, a psychiatry professor at the University of California at Los Angeles who studies such disorders. “The site is tapping into that group of children and adolescents that aren’t being identified,” she said.
Peggy Conlon, the president of the Ad Council, said that one way to change behavior is to change what is considered normal. She points to the Legacy Foundation’s antismoking ads, showing children ambushing tobacco executives with tough questions. “They’re making kids appear smart if they resist smoking,” she said.
“Face the Issue” grapples with another issue: what to do when low self-confidence and eating disorders seem to be the norm.
“There is no magic wand, ‘Oh, do this and it’s all going to be fine,’ ” said Ms. Semel. “The whole point was not to make the issues so negative. To take the stigma away from it and just make it like anything else in life, something you should deal with.”
Posted in Families/Children No Comments »
Written on
January 10, 2004
by
David C. Sarnacki
The Michigan Supreme Court issued Order 2003-22 (12/23/2003), stating that the Friend of the Court (FOC) should adopt the proposed substantive revisions to the Michigan Child Support Formula relating to:
1. Determining medical support and health care coverage obligations.
2. Setting child support before determining spousal support obligations.
3. Deviating from the formula.
These amendments will be effective October 1, 2004.
The court did not order any other amendments, including those proposals relating to changes in the shared economic responsibility formula.
Posted in Procedures/Rules No Comments »
Written on
January 9, 2004
by
David C. Sarnacki
ABCnews’s Working Wounded column features tips on finding forgiveness. While the focus on the column is our work lives, the principles are equally applicable to our home lives.
Bob Rosner writes (excerpt):
Say that you are sorry. You’ll never go wrong when you start your apology with, “I’m sorry.” It’s amazing how much healing can come from those two simple words. The longer you talk before you say you’re sorry, the greater the risk that they won’t believe that you really are. So always lead with the most important part of the apology.
Admit that you were wrong. Have you ever had someone say that they were apologizing to you but it sounded like they were really blaming you for what happened? Talk about fanning the flames. That’s why it’s so important to clearly say that you were wrong; “It was wrong for me to take a long lunch when we’re so far behind.”
Acknowledge the problems you caused. Acknowledging the problems that were caused by your actions shows the apologizee that you really understand the problems you made for them. This can be quite painful, but it should make a huge difference in how the person you are apologizing to feels about your apology. You don’t have to go into agonizing detail, just say enough to show them that you tried to see it all through their eyes. For example, “I should have never left work early the day before a sales presentation. I realize it created a lot of extra work for you.”
Show them that you learned from the situation. Let the person know you won’t repeat the error by telling them exactly what you’ll do to keep it from happening again (for example, “From now on I’ll ask your opinion before I make a commitment to a customer”). Another way to accomplish this is to make a joke, at your own expense of course, about what happened. Proceed down this path with caution, however; you can make things worse if they think you aren’t taking the apology seriously. On the other hand, a little self-deprecating humor can go a long way toward allowing you to work together comfortably in the future.
Posted in Relationships No Comments »
Written on
January 9, 2004
by
David C. Sarnacki
CNN reports on a water department’s efforts to save marriages. The Reuters item says (excerpt):
Couples in the Philippine capital of Manila could find themselves in hot water after being asked to start sharing the tub at bath time as part of a conservation drive.
“Start sharing baths with your partner to conserve water,” the environment department has advised the parched capital’s 12 million residents.
Unseasonably dry weather has depleted water levels in the main reservoirs supplying the metropolis and officials were meeting on Friday to consider rationing and other measures.
Posted in Something Different No Comments »
Written on
January 8, 2004
by
David C. Sarnacki
ABCnews shows seven ways to get your finances in order for 2004. Jonathan P. Decker of the Christian Science Monitor discusses these tips:
1. Get serious about saving [IRAs, 401(k) and other tax-deferred income]
2. Diversify your portfolio [allocate your money between stocks, bonds, and cash]
3. Refinance your mortgage
4. Time your car purchases [cut a deal at the end of the month or the end of summer]
5. Update your insurance
6. Reduce credit-card debt
7. Take advantage of new tax breaks [401(k)s, capital gains, child tax credits]
Posted in Finances/Tax No Comments »
Written on
January 7, 2004
by
David C. Sarnacki
The Grand Rapids Press shows the difference between counties in how the law is applied. Doug Guthrie writes (excerpt):
New rules from Michigan’s Supreme Court requiring attorneys to visit with juveniles they represent in adoption and child protective cases are being accepted as already-routine practice in Kent County.
But some lawyers practicing in Detroit-area juvenile courts are angry and have threatened to refuse appointments as lawyer-guardians ad litem.
The different reactions, according to local lawyers, state officials and the chief judge of Kent County’s Family Court, show the stark difference between priorities on the needs of juveniles in West Michigan and those in the southeastern part of the state.
***
The American Bar Association recommends no lawyer’s guardian ad litem caseload should exceed 40 cases.
Debra Gutierrez-McGuire, special assistant on foster-care issues to state Supreme Court Chief Justice Maura Corrigan, said, “Two hundred cases per year for some attorneys is pretty average here. Some could handle 300 to 350.” Gutierrez-McGuire said it was not unusual for her to carry 375 cases while working at Wayne County Legal Aid. She said the office’s 19 lawyers handled 25 percent of the state’s entire caseload.
“The practices may vary from county to county, but the bottom line is meeting the needs of children and guaranteeing they have a voice in court,” Gutierrez-McGuire said.
Nanaruth Carpenter, chief judge of Kent County’s Family Court, said she feels fortunate that kind of caseload never has existed here. She vowed it never will.
“I have felt consistently that our county commissioners are supportive of providing for children in the system,” Carpenter said. “When I talk about services we have available in this county, people are amazed and jealous and comment they wish they could provide for children and families as we do.”
The rules, which went into effect Jan. 1, require attorneys who represent children to submit an affidavit swearing they visited their clients before each hearing. Lawyers also would be required to meet with their clients at least every three months. They also will be discouraged from substituting for one another without becoming familiar with the case.
Family court judges and referees now will ask the lawyers whether those visits took place with a goal of shortening delays in cases of children under family court jurisdiction. The courts also are ordered to give child welfare cases the highest possible priority.
Lawyer David Murkowski said Kent County’s lawyers are accustomed to providing that information without being asked. Carpenter said in her 13 years on Kent County’s bench, she has had to warn a lawyer to visit a child client only “once in a blue moon.”
Posted in Procedures/Rules No Comments »
Written on
January 7, 2004
by
David C. Sarnacki
STATE OF MICHIGAN
IN THE CIRCUIT COURT FOR THE COUNTY OF KENT
IN RE: POLICY ON SOCIAL SECURITY NUMBERS ADMINISTRATIVE POLICY 2004-01
At a session of said Court, held in the Kent County Courthouse
in the City of Grand Rapids, in said County on
January 2, 2004
Present: HON. PAUL J. SULLIVAN
Chief Circuit Judge
WHEREAS, in order to protect the confidentiality of the social security numbers of parties
to a lawsuit filed in this court, and pursuant to MCR 3.206(B) for domestic relations actions:
IT IS HEREBY ORDERED, that the following protocol regarding the confidentiality of
social security numbers is adopted as the policy of this Court.
For domestic relations actions, social security numbers will be provided to the friend of the court
and the other party in the verified statement. The verified statement must be attached to the
copies of the papers served on the other party and provided to the friend of the court. Because
MCR 3.206(B)(2) specifically identifies information contained in the verified statement as
confidential, it is not to be attached to or included with the papers filed with the court.
Attorneys and parties are directed to refrain from including the social security number of any party
or interested person in pleadings or papers filed with the court. Social security numbers may not
be included in orders or judgments entered by the court. Parties may move for the disclosure of
another party or person’s social security number in the event that the social security number is
necessary for purposes related to the litigation. The court may order the disclosure of the social
security number directly to the other party or designated agency. The court file shall not contain
the social security number.
The Clerk of the Court is hereby directed to redact social security numbers that may appear on
the face of a pleading, and is authorized to redact social security numbers found in pleadings or
other papers filed with the Clerk.
PAUL J. SULLIVAN
__________________________________
Paul J. Sullivan, Chief Circuit Judge
Posted in Procedures/Rules No Comments »
Written on
January 7, 2004
by
David C. Sarnacki
Men’s Health sets forth 52 ways to “Jumpstart Your Life.” Steve Calechman’s list includes (excerpt):
1. Let go of all the things you keep saying you’re going to do.
The unwritten book, the unfinished chair, the dusty French-language tapes. If you can’t devote 15 minutes a day, drop it, says Neil Fiore, Ph.D., author of The Now Habit: Overcoming Procrastination with Guilt-Free Play. You don’t have time for everything. Use your time for things that you can commit to starting today. There. You’re free.
***
5. This week at the office, arrive 45 minutes early and stay 15 minutes late.
Use the 45 to knock one big thing off your daily agenda, and the 15 to plan out tomorrow. It’s 1 extra hour a day, 5 hours a week–and if you keep it up, nearly 1 extra month of work a year. You’ll undergo your own productivity boost by tapping into your best morning energy, and end the day with a burst of organization. Workers are most productive in the early hours of the day, according to a survey of more than 1,000 wage slaves. Increase your a.m. effectiveness now and use the drive home to start planning how you’ll spend the raise you get. For instance . . .
6. Plan vacations for the next 3 years.
If you’re lacking inspiration, visit travelzoo.com; and under “Vacation Specials,” click “Exotic & Fantasy.” Sydney in ‘05. Bora Bora in ‘06. Albany in ‘07. A study by the State University of New York found that men who took a yearly vacation reduced their risk of dying of cardiovascular disease.
***
11. Update your resume.
Even if you’re not looking for a job. You’ll remember what you like and what you’re missing, and it’ll make you consider: Is this still the place for me, or is it time to move on? One study found that men who use this kind of “research therapy” have more confidence in their work and in future career decision making.
12. Get all that crap off your desk.
Most men are drowning in paper and good intentions. Create a tray for reading material and limit the quantity to whatever fits inside. If you haven’t read it in a week, toss it. (Exception: original copies of the Declaration of Independence.) “No one will ever read as much information as they’re interested in,” says Julie Morgenstern, author of Organizing from the Inside Out. Then block off a realistic period of time each day to read, and stick to it.
***
19. Fire up your relationship with your old man.
But not over a latte. Meet him at his place and time. And realize that the Big Talk may never happen, says Amy Bassell Crowe, Ph.D., a clinical psychologist in Menlo Park, California. As for what to do, focus on something that he gave you. If he taught you how to drive, rent a car from his era and pick him up. It takes more than one spin in a ‘57 Chevy to bond permanently, but just let him know there’s room for him in your life.
***
25. Send an e-mail to someone you’re estranged from.
Getting in touch will short-circuit the anxiety and defuse the buildup of cortisol in your brain, which negatively impacts mental health, Love says. You don’t have to make amends. Just say hi. Research also shows that heart-attack patients who forgive their trespassers reduce their odds of dying of heart disease.
***
31. Take your kids on a bike ride.
You win: Intensify your workout by challenging your kids to mini races–from tree to mailbox. They win: A study by the American Dietetic Association shows that parents have the greatest potential to influence children to make good health choices. Lead by example.
32. Reread five books you read in college.
No, the Madden ‘94 instruction manual doesn’t count. Challenging books help protect against future memory decline, according to a study done in New York City. Reading old texts might also reintroduce you to your revolutionary, visionary, college self and remind you of what you really wanted to be when you grew up.
***
37. Change the way you walk into a room.
Know as much as you can about who’s in the room, and enter it appropriately and with purpose, says Tracy Penticuff, a senior consultant at The Professional Image in Atlanta. And then seal the connections. Shake hands, acknowledge each person, and hold eye contact long enough to know someone’s eye color. You’ll create connections and be remembered.
38. When you’re waiting to cross the street, in line for coffee, or in a crowd waiting for the train, talk to somebody.
Even if you think you just want some peace and quiet, striking up a conversation will leave you feeling better. A study in the Journal of Personality and Social Psychology shows that acting extroverted–being talkative, adventurous, and assertive–has a positive effect on mood, even if you’re not gregarious by nature.
***
40. Volunteer 2 hours a week.
Yeah, you’ll be helping others, yada yada yada. More important: You’ll meet people who aren’t like you. According to research at the University of Toronto, making new contacts leads to a healthier, more successful life, thanks to exposure to new ideas and networks.
***
43. Go on a date with your wife.
But not just to the local sushi hut. Find a quiet place with a big view; it encourages a larger perspective, says Peter Pearson, Ph.D., director of the Couples Institute in Menlo Park, California. Discuss what you want to create together. It’s like a brainstorming meeting with no bad ideas. The only off-limits question: How are you gonna do that? There’ll come a time for critical or analytical thinking, but not during this conversation. After everything’s come out, let it sit for a week or two, then revisit and see what’s still exciting. Do this once a year and take notes. Look at it as goal setting for the relationship.
44. Take a 3-day weekend.
Research at Michigan State University showed that workers who could keep their professional and private lives separate were more successful in both areas. So sleep in, eat out, and act lackadaisical. And do absolutely nothing work-related for at least 72 hours, says Brian Tracy, author of Change Your Thinking, Change Your Life. No computer, no e-mail, no phone. Even 5 minutes of work brings stress. It’s like leaving a car’s interior light on–that little bulb drains the battery. Commit to relaxing and you’ll be recharged when you return to work.
45. Yank your teenage son out of bed early and get him into the car before he has time to think.
Go have breakfast or watch the sunrise–just get out of town so he can’t play the resistant boy. While his outside may say he doesn’t want to be around Dad, his inside really does, says Crowe. Ask him about his life. And don’t try to empathize by saying, “I know what that’s like.” It’ll make him feel as if his troubles are commonplace, and you may, in fact, not know what it’s like for him at all. Share your experiences and let him make the connections.
46. Spend 15 minutes a day wasting your coworkers’ time.
Talk about the ball game, ask about their kids, make plans for lunch. It may seem as if you’re slacking, but in reality, you’re becoming a better worker. Studies show that people with friends at work are better communicators (which is good for productivity, which is good for the boss, which is good for your career).
***
49. Play Zelda with your kids.
Not only will this augment bonding time and increase your cool points, but one study found that playing action video games improves your ability to pay attention to detail. As a result, you’re more likely to notice the little details in life.
***
52. Climb up that ladder.
Climb back down. Climb up again, with your wife holding on firmly at the bottom, until you’re no longer afraid to get to the top. Whatever your irrational fear, face it again and again until you’re no longer afraid. A study funded by the National Institute of Mental Health found that when rats were repeatedly placed in a frightening situation with no negative effects, their brains overwrote the fear.
Posted in Something Different No Comments »
Written on
January 7, 2004
by
David C. Sarnacki
Checklists
GENERAL PRINCIPLES OF TRIAL ADVOCACY:
1. Be prepared.
2. Know your basic theories and be consistent and comprehensive with your theory of proof.
3. Prepare your witnesses.
4. Organize your file.
5. Get to the point and get out.
6. Be yourself.
7. Be civil and do not condescend.
8. Command attention and communicate conviction.
9. Understand the social setting.
10. Know your adversary.
11. Know the judge and jury to the extent possible.
12. Understand the legal framework of your case.
13. Consider the sequence of presentation at trial.
14. Be alert and react immediately.
Posted in Persuasion/Advocacy No Comments »
Written on
January 6, 2004
by
David C. Sarnacki
ABCnews carries the Christian Science Monitor article, “Churches Work to Welcome Singles.” G. Jeffrey MacDonald writes (excerpt):
Across the nation, religious communities of varied stripes are taking steps to welcome the growing the number adults who have chosen ? at least for now ? not to marry.
According to U.S. Census projections, singles will constitute nearly one-third of American households by 2010. Already, the nation’s 86 million unmarried adults make up 42 percent of the workforce and 35 percent of voters.
Conversely, the most recent Census numbers show that married-couple households have dropped from nearly 80 percent in the 1950s to just 50.7 percent today.
The demographic shift means a vast cultural challenge for family-centered institutions to embrace everyone from young adults postponing nuptials, to divorcees choosing singleness, to widows and widowers who have lived with a partner for years.
As congregations adjust, singles ministries with a match-making undertone are giving way to new projects meant to weave individuals into the wider fabric of community life. But whether these single lifestyles are being blessed, tolerated, or gently criticized varies largely along regional and denominational lines.
“I will probably leave this church the day we announce we’re having a singles ministry function,” says the Rev. Marc Dickmann, pastor of Commitment at Warehouse 242, an evangelical church in Charlotte, N.C. “Our vision of community is not one of ostracizing or isolating single people as lost souls. The attitude of churches used to be: ‘You aren’t married. What’s wrong with you?’ But we know it doesn’t work that way for everybody.”
***
As congregations seek new ways to bring singles into their mainstreams, the challenge yet to be surmounted is how much a community will acknowledge or accept about a single person’s personal life. At Warehouse 242, singles who cohabitate may take part in church life but are forbidden to lead small groups, since their lives fall short of church standards. By contrast, at Christ Church United, an unmarried couple may have a child baptized as long as they agree to join the church. No commitment toward marriage is expected, McDaniel says, because “sometimes it isn’t a good relationship, but we still put the child first” by welcoming a bond with the church through baptism.
So far, singles are often being welcomed in communities across the religious spectrum along the lines of a “don’t ask, don’t tell” policy about personal lifestyles. But whether the probing goes deeper with time or not, the process of discovery for what makes for a holy single life in the 21st century will surely be lived out in settings where married couples and single people explore the depths of faith side-by-side.
Posted in Relationships No Comments »
Written on
January 6, 2004
by
David C. Sarnacki
Compare the two love stories reported this week.
Everyone knows that Britney Spears married Jason Allan Alexander on a Saturday, then had the marriage annulled on a Monday.
CNN included quotes like:
“And we were just looking at each other and said, ‘Let’s do something wild, crazy. Let’s go get married, just for the hell of it.’ ”
They “did not know each other’s likes and dislikes.”
“Upon learning of each other’s desires, they are so incompatible that there was a want of understanding of each other’s actions in entering into this marriage.”
Britney “lacked understanding of her actions.”
They “took a joke too far.”
Also this week,
CNN explained how a Morrocan soldier, Abderrahim, had been captured by separatist guerrillas in 1979 during a war for control of the Western Sahara territory. They freed him along with other prisoners in November.
What was Abderrahim thinking? “I was convinced she’d wait for me, I had blind confidence in her since the first day we met.”
What was his fiancee thinking? Bahia knew he had been captured. She had periodic news of him, but had heard nothing for six years. Still, “I never thought I had lost my husband. I knew he’d come back one day. I never showed pain but hid it deep in my heart.”
Posted in Relationships No Comments »
Written on
January 5, 2004
by
David C. Sarnacki
The Detroit News discusses the 25 cent increase in the child support processing fee and everyone offering their own two bits on the subject.
Judy Putnam writes (excerpt):
Those paying child support will have to dig a tiny bit deeper in 2004, in a move that’s angering noncustodial parents and fathers’ rights groups.
The state will increase a monthly child support processing fee by 25 cents in January to generate new money for the state Attorney General’s Office, said Daniel Wright, director of the Michigan Supreme Court Friend of the Court Bureau.
The fee went into effect Oct. 1, but the state did not have the computer system ready to collect the fee, Wright said.
Lawmakers, looking for a way to boost Attorney General Mike Cox’s child support collection efforts, earmarked the fees for his office rather than the Friend of the Court office. Finishing his first year in office, Cox carved out a role in child support collection by focusing on tough cases involving wealthy parents behind in child support.
Posted in Procedures/Rules No Comments »
Written on
January 4, 2004
by
David C. Sarnacki
The New York Times explains how some parent-child conversations are becoming “Instant, and Online.” John Schwartz writes (excerpt):
And now, as families own more than one computer, the machines spread beyond the den and home networks relying on wireless connections become increasingly popular, instant messaging is taking root within the home itself.
Although it might seem lazy or silly to send electronic messages instead of getting out of a chair and walking into the next room, some psychologists say that the role of the technology within families can be remarkably positive. In many cases, they say, the messages are helping to break down the interpersonal barriers that often prevent open communication.
“Conversation between parents and teenagers could be highly emotional and not necessarily productive,” said Elisheva F. Gross, a psychology researcher at the Children’s Digital Media Center at the University of California at Los Angeles. When young people are online, however, “it’s their turf,” she said. “It may be a way for parents to communicate in a language and in a space that their children are more comfortable with.”
Teenagers already use online communications to take on difficult topics with one another, said Katelyn McKenna, a research assistant professor in psychology at New York University. Preliminary results from a study she conducted last year, she said, suggest that “they are able to talk with one another about issues that bother them more readily online than when they are talking face to face.”
***
Ms. Parsonnet, a psychotherapist, said that the online back channel strips away some of the parts of face-to-face communication that complicate matters: “They don’t see your face turning red,” she said. “They don’t see you turning cross — all the things that will shut them up immediately.”
***
While even quicker than e-mail, instant messages also have the advantage of not actually being instant, Ms. Parsonnet said, because the medium at least gives the user time to compose his or her thoughts and comments before hitting the button.
“You know all the times you wish you’d counted to 10 before you said something?” she said with a laugh. With instant messages, she said, “You have a built-in counting-to-10.”
Posted in Families/Children 1 Comment »
