Supplemental jurisdiction is invoked where a supplemental claim arises from a common nucleus of operative fact as the original claim, whether the case got into court by diversity of citizenship or federal question jurisdiction. Essentially, this means that the two claims must arise from the same transaction or occurrence.
For cases that are in federal court based solely on diversity, supplemental jurisdiction may not be used to support claims by plaintiffs against persons made parties under Rules 14, 19, 20, or 24; claims by persons proposed to be joined as plaintiffs under Rule 19; and claims by persons seeking to intervene as plaintiffs under Rule 24.
Federal courts can decline jurisdiction over a claim if it (1) raises a novel or complex issue of State law; (2) substantially predominates over the claim or claims over which the district court has original jurisdiction; (3) the district court has already dismissed all claims over which it has original jurisdiction; or (4) in exceptional circumstances where there is reason to decline jurisdiction.
Paragraph 1:
Shining beacon
'Julia' from 'Romeo and Juliet'
'He would flog her to death with a rubber truncheon' or 'tie her naked to a stake and shoot her full of arrows like Saint Sebastian.' Violent Imagery
a maze of barbed wire entanglements, steel doors, and hidden machine-gun nests' Symbolism
'Mixed up with fear and hatred.’
'slightly disgusting minor operation'
''systematically turned against their parents and taught to spy on them and report their deviations.' Historical allusion
'desire was thoughtcrime.'
'something which a man wants and has not?' Aristotle
'locked loneliness that one had to live.'
'privacy, love, and friendship.'
Subverts Genres and Tropes, even using intertextuality and historical allusion.
Paragraph 2:
If language is about what it means to be human
'You owe me three farthings, say the bells of St Martin's, when will you pay me? say the bells of old Bailey?' 'Astonishment' uncharacteristic
'‘Don’t you see that the whole aim of Newspeak is to narrow the range of thought?'
'Chaucer, Shakespeare, Milton, Byron—they’ll exist only in Newspeak versions... changed into something contradictory of what they used to be.' Paradox
'He is too intelligent. He sees too clearly and speaks too plainly. The Party does not like such people.' Irony
'make thoughtcrime literally impossible'
Orwell uses metalinguistics and the recurring motif of 'Oranges and lemons'
Paragraph 3:'
Illuminating the dark corners of our world
'who controls the past controls the future: who controls the present controls the past' Chiasmus and trochaic pentameter creates a rhythmic cadence.
'ignorance is strength' Subversion of 'knowledge is power'
'All history was a palimpsest, scraped clean and reinscribed exactly as often as was necessary.' Euphamism
'VAPORIZED' 'UNPERSON' Euphamisms
'the claim of the Party to have improved the conditions of human life had got to be accepted, because there did not exist, and never again could exist, any standard against which it could be tested.'
'ALONE in the possession of a memory?'
World building through slogans and phrases
In order for a defendant to remove a suit filed in state court to federal court, the defendant must be able to show that the Plaintiff could have filed the suit in federal court as an original matter.
If the case was eligible, the Defendant must receive the written consent of all oined and properly served defendants the suit. Then, they must file a written Notice of Removal within 30 days of the date on which the Defendant was served with the plaintiff’s state court complaint or other pleading or document that made the case removable. If multiple Defendants, then each defendant has 30 days to file the notice of removal from the date of service.
The written notice must prove a short and plain statement as to why the case should be removed. The Defendants must sign the Notice pursuant to Rule 11 and attach a copy of all state court process pleadings and orders to the notice. The Notice must be filed in the Federal District Court in the district where the state court where the plaintiff filed the initial pleading. The Defendant must serve all adverse parties with a copy of the notice and a memo explaining the reasons why the suit was removed.
The Defendant must serve a written notice to the state court with a memo and other attachments.
If the case is not removable at its outset but later becomes removable, the defendant has 30 days from receipt of the document that makes the case removable.
A plaintiff has 30 days from the date of filing of the Notice of Removal to file his Motion to Remand.
FRE 412: Sex-Offense Cases: The Victim’s Sexual Behavior or Predisposition
(a) Prohibited Uses. The following evidence is not admissible in a civil or criminal proceeding involving alleged sexual misconduct:
(1) evidence offered to prove that a victim engaged in other sexual behavior; or
(2) evidence offered to prove a victim’s sexual predisposition.
(b) Exceptions.
(1) Criminal Cases. The court may admit the following evidence in a criminal case:
(A) evidence of specific instances of a victim’s sexual behavior, if offered to prove that someone other than the defendant was the source of semen, injury, or other physical evidence;
(B) evidence of specific instances of a victim’s sexual behavior with respect to the person accused of the sexual misconduct, if offered by the defendant to prove consent or if offered by the prosecutor; and
(C) evidence whose exclusion would violate the defendant’s constitutional rights.
(2) Civil Cases. In a civil case, the court may admit evidence offered to prove a victim’s sexual behavior or sexual predisposition if its probative value substantially outweighs the danger of harm to any victim and of unfair prejudice to any party. The court may admit evidence of a victim’s reputation only if the victim has placed it in controversy.
(c) Procedure to Determine Admissibility.
(1) Motion. If a party intends to offer evidence under Rule 412(b), the party must:
(A) file a motion that specifically describes the evidence and states the purpose for which it is to be offered;
(B) do so at least 14 days before trial unless the court, for good cause, sets a different time;
(C) serve the motion on all parties; and
(D) notify the victim or, when appropriate, the victim’s guardian or representative.
(2) Hearing. Before admitting evidence under this rule, the court must conduct an in camera hearing and give the victim and parties a right to attend and be heard. Unless the court orders otherwise, the motion, related materials, and the record of the hearing must be and remain sealed.
(d) Definition of “Victim.” In this rule, “victim” includes an alleged victim.
FRE 413: Similar Crimes in Sexual-Assault Cases
(a) Permitted Uses. In a criminal case in which a defendant is accused of a sexual assault, the court may admit evidence that the defendant committed any other sexual assault. The evidence may be considered on any matter to which it is relevant.
(b) Disclosure to the Defendant. If the prosecutor intends to offer this evidence, the prosecutor must disclose it to the defendant, including witnesses’ statements or a summary of the expected testimony. The prosecutor must do so at least 15 days before trial or at a later time that the court allows for good cause.
(c) Effect on Other Rules. This rule does not limit the admission or consideration of evidence under any other rule.
(d) Definition of “Sexual Assault.” In this rule and Rule 415, “sexual assault” means a crime under federal law or under state law (as “state” is defined in 18 U.S.C. § 513) involving:
(1) any conduct prohibited by 18 U.S.C. chapter 109A;
(2) contact, without consent, between any part of the defendant’s body — or an object — and another person’s genitals or anus;
(3) contact, without consent, between the defendant’s genitals or anus and any part of another person’s body;
(4) deriving sexual pleasure or gratification from inflicting death, bodily injury, or physical pain on another person; or
(5) an attempt or conspiracy to engage in conduct described in subparagraphs (1)–(4).
FRE 414: Similar Crimes in Child Molestation Cases
(a) Permitted Uses. In a criminal case in which a defendant is accused of child molestation, the court may admit evidence that the defendant committed any other child molestation. The evidence may be considered on any matter to which it is relevant.
(b) Disclosure to the Defendant. If the prosecutor intends to offer this evidence, the prosecutor must disclose it to the defendant, including witnesses’ statements or a summary of the expected testimony. The prosecutor must do so at least 15 days before trial or at a later time that the court allows for good cause.
(c) Effect on Other Rules. This rule does not limit the admission or consideration of evidence under any other rule.
(d) Definition of “Child” and “Child Molestation.” In this rule and Rule 415:
(1) “child” means a person below the age of 14; and
(2) “child molestation” means a crime under federal law or under state law (as “state” is defined in 18 U.S.C. § 513) involving:
(A) any conduct prohibited by 18 U.S.C. chapter 109A and committed with a child;
(B) any conduct prohibited by 18 U.S.C. chapter 110;
(C) contact between any part of the defendant’s body — or an object — and a child’s genitals or anus;
(D) contact between the defendant’s genitals or anus and any part of a child’s body;
(E) deriving sexual pleasure or gratification from inflicting death, bodily injury, or physical pain on a child; or
(F) an attempt or conspiracy to engage in conduct described in subparagraphs (A)–(E).
FRE 415: Similar Acts in Civil Cases Involving Sexual Assault or Child Molestation
(a) Permitted Uses. In a civil case involving a claim for relief based on a party’s alleged sexual assault or child molestation, the court may admit evidence that the party committed any other sexual assault or child molestation. The evidence may be considered as provided in Rules 413and 414.
(b) Disclosure to the Opponent. If a party intends to offer this evidence, the party must disclose it to the party against whom it will be offered, including witnesses’ statements or a summary of the expected testimony. The party must do so at least 15 days before trial or at a later time that the court allows for good cause.
(c) Effect on Other Rules. This rule does not limit the admission or consideration of evidence under any other rule.
FRE 407: Subsequent Remedial Measures
When measures are taken that would have made an earlier injury or harm less likely to occur, evidence of the subsequent measures is not admissible to prove:
negligence;
culpable conduct;
a defect in a product or its design; or
a need for a warning or instruction.
But the court may admit this evidence for another purpose, such as impeachment or — if disputed — proving ownership, control, or the feasibility of precautionary measures.
FRE 408: Compromise Offers and Negotiations
(a) Prohibited Uses. Evidence of the following is not admissible — on behalf of any party — either to prove or disprove the validity or amount of a disputed claim or to impeach by a prior inconsistent statement or a contradiction:
(1) furnishing, promising, or offering — or accepting, promising to accept, or offering to accept — a valuable consideration in compromising or attempting to compromise the claim; and
(2) conduct or a statement made during compromise negotiations about the claim — except when offered in a criminal case and when the negotiations related to a claim by a public office in the exercise of its regulatory, investigative, or enforcement authority.
(b) Exceptions. The court may admit this evidence for another purpose, such as proving a witness’s bias or prejudice, negating a contention of undue delay, or proving an effort to obstruct a criminal investigation or prosecution.
FRE 409: Offers to Pay Medical and Similar Expenses
Evidence of furnishing, promising to pay, or offering to pay medical, hospital, or similar expenses resulting from an injury is not admissible to prove liability for the injury.
FRE 410: Pleas, Plea Discussions, and Related Statements
(a) Prohibited Uses. In a civil or criminal case, evidence of the following is not admissible against the defendant who made the plea or participated in the plea discussions:
(1) a guilty plea that was later withdrawn;
(2) a nolo contendere plea;
(3) a statement made during a proceeding on either of those pleas under Federal Rule of Criminal Procedure 11 or a comparable state procedure; or
(4) a statement made during plea discussions with an attorney for the prosecuting authority if the discussions did not result in a guilty plea or they resulted in a later-withdrawn guilty plea.
(b) Exceptions. The court may admit a statement described in Rule 410(a)(3) or (4):
(1) in any proceeding in which another statement made during the same plea or plea discussions has been introduced, if in fairness the statements ought to be considered together; or
(2) in a criminal proceeding for perjury or false statement, if the defendant made the statement under oath, on the record, and with counsel present.
FRE 411: Liability Insurance
Evidence that a person was or was not insured against liability is not admissible to prove whether the person acted negligently or otherwise wrongfully. But the court may admit this evidence for another purpose, such as proving a witness’s bias or prejudice or proving agency, ownership, or control.
ISR PE UHR 2PE32 USR PE URR PE LP 7WNP287 1MV42 SI 2L95 8 3L95 7 #MV100 SI #T17 SI #WI16 SI 5BC404 SI 5SC410 SI IHR @ MAIN HMA 20S 508 THIN LSW RED SHIRT BLK PANTS NEG WPNS NEG HBD OR CDN DOT ON FT SB VIN 1HGC3F85BA012067 LP 6TOV242 WIFE VERB HUSB PHY TRANSIENT VERB CUST REFUSING TO LEAVE VEH SWERVING UNABLE TO MAINTAIN LANE DOT SB SI #TS20 ADT R: HARO 9512192679 8772387730 COV SLIDING GLASS DOOR PERR/FIR AS 2 245J RP STABBED SUSP BRO JESUS GONZALES HMA 510 220 LSW BLK SHIRT BLU JEANS HOLDING KITCHEN KNIFE CURR IN GARAGE RP REQ MEDICAL FOR WOUND TO ABDOMEN RP GONZALES 9512344462 ADDL RP JUAN HERNANDEZ 9514426265 ADVD SON STABBED HIS SISTER RP SECURED WPN SON CURR IFO RESD WAITING FOR DEPS WILL BE COOP #PC33 SI #PC33 98 NE AOD #O14 SI CHI 2O12 98 RA AWS LP 6GWT414 #D21 2D10 SI 2D10 98 NE 2D10 RE STN REF REPTS 5BC410 TR 1015 W12 1019 FRM RUHS 5RC442 RE RUHS W0 FRM RPDC VIN WBA5A5C51GG352378 URR PE USR TE ISR F IHR @ GRAND IHR #F12 #MV102 SI #S15 SI #D21 SI #T18 SI #JV24343071 #PC33 5RC517 SI 5RC517 6 RUHS 5IC380 97 0 5IC388 TC 5SC410 CC , STILL ENRT #JV77 SI 2JV10 SI 2WI86 SI 1F72 SI #I31 SI 3L95 3L95 6 STN REF REPTS E100 SI #JV71 DUP, #JV72 PER E100 #TE33 DUP, #TE31 PER SW121 #PE19 DUP, #PE18 PER PE112 IHR @ 1530 RP RELL ADVD 1022 FALSE ALARM #T19 SI 2T32 SI 2T32 98 NE #S15 SI #C13 LP 8UTV494 LP 6GHS414 LP NV.4T445L LP 9GHT444 LP 7TEM620 LP DPYBM77 LP 2359MDP LP IHRTMSC VIN YTA2H5T61GT362365 1SW44 SI SC 5SC417 N7926 04432 NONE 5SC417 RM, CELL 9992345562 EOW 1815HRS 5SC417 TR 1015 W12 RPDC FRM CBDC
FRE 401: Test for Relevant Evidence
Evidence is relevant if:
(a) it has any tendency to make a fact more or less probable than it would be without the evidence; and
(b) the fact is of consequence in determining the action.
FRE 402: General Admissibility of Relevant Evidence
Relevant evidence is admissible unless any of the following provides otherwise:
the United States Constitution;
a federal statute;
these rules; or
other rules prescribed by the Supreme Court.
Irrelevant evidence is not admissible.
FRE 403: Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons
The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.
FRE 404: Character Evidence; Other Crimes, Wrongs, or Acts
(a) Character Evidence.
(1) Prohibited Uses. Evidence of a person’s character or character trait is not admissible to prove that on a particular occasion the person acted in accordance with the character or trait.
(2) Exceptions for a Defendant or Victim in a Criminal Case. The following exceptions apply in a criminal case:
(A) a defendant may offer evidence of the defendant’s pertinent trait, and if the evidence is admitted, the prosecutor may offer evidence to rebut it;
(B) subject to the limitations in Rule 412, a defendant may offer evidence of an alleged victim’s pertinent trait, and if the evidence is admitted, the prosecutor may:
(i) offer evidence to rebut it; and
(ii) offer evidence of the defendant’s same trait; and
(C) in a homicide case, the prosecutor may offer evidence of the alleged victim’s trait of peacefulness to rebut evidence that the victim was the first aggressor.
(3) Exceptions for a Witness. Evidence of a witness’s character may be admitted under Rules 607, 608, and 609.
(b) Other Crimes, Wrongs, or Acts.
(1) Prohibited Uses. Evidence of any other crime, wrong, or act is not admissible to prove a person’s character in order to show that on a particular occasion the person acted in accordance with the character.
(2) Permitted Uses. This evidence may be admissible for another purpose, such as proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident.
(3) Notice in a Criminal Case. In a criminal case, the prosecutor must:
(A) provide reasonable notice of any such evidence that the prosecutor intends to offer at trial, so that the defendant has a fair opportunity to meet it;
(B) articulate in the notice the permitted purpose for which the prosecutor intends to offer the evidence and the reasoning that supports the purpose; and
(C) do so in writing before trial — or in any form during trial if the court, for good cause, excuses lack of pretrial notice.
FRE 405: Methods of Proving Character
(a) By Reputation or Opinion. When evidence of a person’s character or character trait is admissible, it may be proved by testimony about the person’s reputation or by testimony in the form of an opinion. On cross-examination of the character witness, the court may allow an inquiry into relevant specific instances of the person’s conduct.
(b) By Specific Instances of Conduct. When a person’s character or character trait is an essential element of a charge, claim, or defense, the character or trait may also be proved by relevant specific instances of the person’s conduct.
FRE 406: Habit; Routine Practice
Evidence of a person’s habit or an organization’s routine practice may be admitted to prove that on a particular occasion the person or organization acted in accordance with the habit or routine practice. The court may admit this evidence regardless of whether it is corroborated or whether there was an eyewitness.
Rule 401: Evidence is relevant if it has the tendency to make a fact more or less probable than it would without the evidence and that fact is of consequence in determining the action.
Rule 104(a): The judge decides questions of admissibility applying a straight preponderance of the evidence standard. Can consider inadmissible evidence, but not privileged.
Rule 801(c): “Hearsay” means a statement that (1) the declarant does not make while testifying at the current trial or hearing; and (2) a party offers in evidence to prove the truth of the matter asserted in the statement
Rule 403: The Court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence
Rule 401: Evidence is relevant if it has the tendency to make a fact more or less probable than it would without the evidence and that fact is of consequence in determining the action.
Rule 104(a): The judge decides questions of admissibility applying a straight preponderance of the evidence standard. Can consider inadmissible evidence, but not privileged.
Rule 801(c): “Hearsay” means a statement that (1) the declarant does not make while testifying at the current trial or hearing; and (2) a party offers in evidence to prove the truth of the matter asserted in the statement
Rule 403: The Court may exclude relevant evidence if its probative value if substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, wasting time, or needlessly presenting cumulative evidence
Expert Testimony
To determine whether we need an expert, look to whether a lay witness’ testimony would be OK under rule 701. Nonexpert opinion testimony is limited to one that is: rationally based on the W’s perception; helps us understand W’s testimony or determine a fact in issue; and not based on scientific, technical, or other specialized knowledge within the scope of Rule 702.
Matters of common knowledge do not require an expert and cannot have one. Someone who has particularized knowledge of their own business(business owners or officers)/home will be able to testify as a nonexpert witness about information they know due to the particularized knowledge that the witness has by virtue as a homeowner/position in the business. However, the lay testimony cannot act like that of an expert home appraiser, aware of general market conditions and prevailing mortgage terms and able to evaluate the homes across the community, rather than just a homeowner repeating their value of home. That knowledge is not particularized.
If the question is whether a drug is X identity, it may not require an “expert,” but might require someone who has some experience with X drug. Lay person, with knowledge, can testify based on human experience.
In Civil Cases: Parties are required to disclose their experts in advance along with the report with the opinion they offer, but most lawyers would not try to MIL to exclude a witness if they were just gonna bring a competitng one.
If you need an expert, you must go through the following questions.
Is the expert qualified? The bar is set unbelievably low to make someone an expert and have them testify as an expert: experience, education, training, occupation.
Is the testimony helpful or is it already settled? Not helpful=not admissible.
Did they have sufficient facts to base their testimony on? If the underlying data are so lacking in probative force and reliability that no reasonable expert could base an opinion on them, an opinion which rests entirely upon them must be excluded. This is because the jury will not be permitted to be misled by the glitter of the expert’s accomplishments outside the courtroom.
Does the expert have a “recipe” of reliable principles and methods?
Daubert Five Factors + the sixth negative: was the methodology formula specifically developed for this case? (that wouldn’t help and would make the methodology less reliable)
General Acceptance: general acceptance in the particular field in which it belongs. Explicit identification of a relevant scientific community and determination of degree of acceptance in community.
Peer review and publication: Submission to scrutiny of scientific community is a component of good science b/c it increases the likelihood that substantive flaws in the methodology will be detected. Relevant, but not dispositive.
Known or potential rate of error for the technique.
Existence and maintenance of standards controlling technique’s operation.
Whether it can be and has been tested
This inquiry is a flexible one – these factors are not a checklist or test. They are to be considered when assessing the reliability of scientific knowledge.
Judge has discretionary authority to decide whether methods are reliable and whether the expert followed their own methodology (like in the tire case where there were the signs that would trigger his own recipe were “not significant” enough)
Did they follow the stated methods and principles?
An expert can rely on evidence that is admissible at trial. When a party calls an expert to testify, they are allowed to ask their expert to testify as much or as little as they want about admissible things.
If evidence is inadmissible, the expert can still rely on the info if other experts in this particular field would also reasonably rely on these facts or data. Judge decides if other experts would reasonably rely on it applying a straight prep of the evidence standard. The expert can only disclose the inadmissible evidence (ex. Hearsay evidence learned before trial) if the probative value in helping the jury evaluate the opinion substantially outweighs the prejudicial effect. However, the party that did not call the witness may “open the door” by asking about the underlying facts during XE.
Two major exceptions to the general rule (may be brought in as substantive if they qualify under Rule 803(18), the expert’s reliance on a learned treatise during direct exam or the expert’s acknowledgement of its authority on cross dissolves any hearsay objection to pertinent parts of the document. Additionally, under Rule 803(4), experts are not specifically required to rely on the out-of-court statements. Dr can rely on hearsay b/c life and death decisions are made by physicians in reliance on their patients’ statements and as such those statements should have sufficient trustworthiness to be admissible in a court of law.
Opinion on an Ultimate Issue (this product is defective) is not automatically objectionable. EXCEPT in a criminal case, an expert must not state an opinion about whether the D did or did not have a mental state or condition that constitutes an element of the crime charged or of a defense. Additionally, cannot give an opinion on D’s credibility. Left to trier of fact.
Common experience of a jury in most cases is sufficient basis for assessment of witness’ credibility, so expert testimony would be inappropriate.
EXCEPTION: It may be appropriate for an expert to explain as a general matter in a counterintuitive way that children may be inconsistent when they about events like sexual abuse. Testimony at issue in this case had to do with how child victims exhibit some patterns of behavior that are seemingly inconsistent with behavioral norms of other victims of assault, including delayed reporting and recantation of allegations of abuse. However, after explaining those general matters, still cannot provide an ultimate opinion on the matter of the witness’s truthfulness.
Reliability of Eyewitness identifications: potentially unreliable in a variety of ways unknown to average juror: experts can be called to clear up the common misconceptions. Eyewitness’s confidence is the most powerful single determinant of whether they will be believed. Average person alo likely to believe those placed in fear are likely to be acutely observant and more accurateGeneralized jury instructions are inadequate to apprise the juror of these ways eyewitness testimony may be unreliable. However, the development of adequate jury instructions is in the sound discretion of trial courts on case-by-case basis.
Experts don’t need to testify from personal knowledge, may testify based on personal observations, facts/data made aware of at the hearing, hypotheticals from the attorneys at the hearing about facts in the evidence (must be enough evid to support a finding that necessary facts exist), competing hypotheticals on cross (also must be enough evid…), info from before the hearing (where hearsay comes into play).
Judges are THE experts of US law. Can only bring experts to talk about the law of foreign states.
The court at its discretion can procure the assistance of an expert of its own choosing.
person's 56% count!). person's 56% count!). person's 56% count!).
defeat French 1759, defeat French 1759, defeat French 1759
defeat their 1759, defeat their 1759, defeat their 1759
George French defeat French their 1759, Washington Custis.
story story trip story story story trip story trip story
Catcher story expelled trip trip story unknown.
Catcher J.D. story trip becomes character,
A vast belt of dry grassland, called the steppe, stretches across the landmass of Eurasia. The significance of the steppe to neighboring civilizations was twofold. First, it served as a land trade route connecting the East and the West. Second, it was home to nomadic peoples who frequently swept down on their neighbors to plunder, loot, and conquer.
Oscar rarest essayist, poet 19th well works, "The Picture "The Earnest".
Orwell's purpose is to show how the public world concepts of narratives, language and the destruction of truth, when weaponized, allow for the greater control by the modern dictatorial state of the private world of its citizenry. Through storytelling methods, Orwell projects the reader into a Dystopian public world where the truth is anathema to the state, and where even thought itself is at the whims of the party.
Orwell's purpose in 1984 is to act as a shining beacon, to warn how a Stalinist grand narrative, characterized by the warping of the core human values of love, family, and relationships, dominates the personal world of citizens. The auspicious name of Winston's future lover 'Julia' is subtle intertextuality, referencing the canonical Shakespearean play 'Romeo and Juliet.' However unlike the play, which adheres to the common trope of romantic love not being able to find purchase in the public world and culture, Orwell deliberately subverts that trope by writing a novel about love in the private sphere.
This sentiment is exemplified during the two minutes hate, where Winston observes Julia, and thinks about how 'He would flog her to death with a rubber truncheon' or maybe just 'tie her naked to a stake and shoot her full of arrows like Saint Sebastian.' The violent imagery shows how not just the public but his own personal world is warped by the party and their narrative. How his personal world has been encroached on as even his own thoughts turn violent towards someone he obviously has some measure of physical attraction for.
When Winston describes the Ministry of Love as 'a maze of barbed wire entanglements, steel doors, and hidden machine-gun nests,' Orwell is really using this ministry as symbolism for Winston's own warped understanding of the concept. His image of love is based on the menacing architecture of the ministry in the public world causing his own private definition of love to become 'mixed up with fear and hatred.’
The party's narrative treats the sexual act as a 'duty to the party serving a 'slightly disgusting minor operation'. This warping of love goes beyond romantic love. The narrative alludes to Naziism and the Hitler youth as kids are 'systematically turned against their parents and taught to spy on them and report their deviations.' Winston notes that even 'desire was thoughtcrime.' And yet, love is inherently about desire. Aristotle himself says during the symposium that love is by definition 'something which a man wants and has not?' This contradiction in definitions shows how the party chooses to forgo the concept of love in favour of what Winston describes as the 'locked loneliness that one had to live.'
Finally, Orwell uses the sci-fi genre to directly address the reader through Winston. He explains how the 'Tragedy, he perceived, belonged to the ancient time, to a time when there was still privacy, love, and friendship.' The sci-fi genre allows Orwell to convey the fragility of the concepts of privacy, love and friendship. Thus Orwell subverts genres and tropes, even using intertextuality and historical allusion as powerful storytelling techniques to investigate the public and personal world. Orwell uses these techniques to warn how an authoritarian public world could destroy the private humanity of the citizens, and how, above all, the values of love, and relationships are not as stable as most of his readers would like to think.
Orwell shows how language itself is manipulated with the effect of greater control of the masses. If language is about what it is to be human, then what it means to be human can be changed with language. For example, The significance of the traditional English rhyme of 'oranges and lemons' to the central story is rooted in language. This rhyme serves as a motif, with it being mentioned no less than 8 times. The line has no significance in the public world, the lines long forgotten, and yet, Winston has an inexplicable desire to complete the lines of the children's rhyme. When Julia caps off the first line with the second part - 'You owe me three farthings, say the bells of St Martin's, when will you pay me? say the bells of old Bailey?' Winston experiences uncharacteristic 'astonishment' for the emotionally suppressed character.
This rhyme is rooted in purpose, no matter how trivial it is. It serves the purpose of teaching English children the names of all the churches in London. However, Orwell investigates the idea of language as purpose throughout his novel, and more importantly, how such purpose can be weaponized. Syme says as much to Winston '‘Don’t you see that the whole aim of Newspeak is to narrow the range of thought?' He talks to Winston about how language will change and shape people's personal worlds, even destroy certain unsavoury ideas.
'Chaucer, Shakespeare, Milton, Byron—they’ll exist only in Newspeak versions... changed into something contradictory of what they used to be.' This creates a paradox, as language, the means of communication of information, is used chiefly to destroy information.
The irony is that Syme himself is destined for vaporization. 'He is too intelligent. He sees too clearly and speaks too plainly. The Party does not like such people.' His role in birthing the Newspeak and requisite skills is a threat to the language itself. Even in reality, studies suggest that language - or a lack thereof - in young children, can lead to severe stunting of growth and is even detectable in the physical architecture of the brain.
From this framing, the intention of newspeak to 'make thoughtcrime literally impossible' becomes not just possible, but a natural progression of control for an authoritarian government. Thus, it isn't that surprising that Winston is so attracted to the strange old nursery rhyme 'oranges and lemons,' it symbolizes the last bastion of language in the public world with a meaning that doesn't glorify the party.
Therefore, Orwell uses metalinguistics and the recurring motif of oranges and lemons, to create a discourse on the nature of language itself. Orwell shows how the public world concept of language can shape the private world of the citizenry and creates an environment of greater control.
Orwell illuminates the dark corners of our world by demonstrating how the destruction of knowledge can be used to shape the public and private worlds of the characters. The party slogan 'who controls the past controls the future: who controls the present controls the past' employs the structural storytelling technique of chiasmus alongside trochaic pentameter. The rhythmic cadence of the phrase, reminiscent of such children's nursery rhymes like 'ring a ring o' roses' or other oft repeated poems, is indicative of the phrase's frequent recitation. It shows how ingrained such notions as the manipulation of narratives has become that it is literally a slogan of the party.
Another of their slogans 'ignorance is strength' which is a subversion of the common phrase 'knowledge is power' has the effect of further isolating individuals of the freethinking sort such as the chief protagonist, Winston. Winston's role in the ministry of truth's 'records' department allows him to contemplate the power of narratives. He contemplates how the party treats history - 'All history was a palimpsest, scraped clean and reinscribed exactly as often as was necessary.' This reference to history being scraped 'clean' is a euphemism for the deliberate wanton destruction of records for power and control. Like all these other slogans, this cultural acceptance of the destruction of information, not only allows for historical revisionism, but actively justifies it.
Vaporization, the destruction of a person and their records, was the ultimate form of this destruction. The name for this process, 'VAPORIZED' and even the term 'UNPERSON' was normalised and became more euphemisms for murder and death. This all led to the condition that, 'the claim of the Party to have improved the conditions of human life had got to be accepted, because there did not exist, and never again could exist, any standard against which it could be tested.'
Therefore, Orwell uses world building throughout 1984 by inventing a whole vocabulary of slogans and phrases that normalises the destruction of truth. A world where the public world is so devoid of internal consistency that Winston begins to question whether he himself was simply 'ALONE in the possession of a memory?' Thus, creating a 'dark corner' of fiction that shows what the inevitable end of history and destruction of information could mean for the citizenry's private worlds. How their private worlds are indoctrinated and through euphemism, this destruction of information normalised, until history and memory become just another tool in the modern dictatorships' tool bag.
Therefore, Orwell's shows through storytelling techniques, how words can be weaponized through a grand narrative, through language, and through the destruction of information and truth, to shape the public world, and through that, even the private worlds of all of its citizens. He shows how the means of communication and understanding themselves can become wholly corrupted for the benefit of the state and the state alone while private worlds are subsumed into the collective as all understanding to rival them is stricken.
