Podcast
Questions and Answers
What type of evidence is derived from the witness' own knowledge?
What type of evidence is derived from the witness' own knowledge?
- Testimonial Evidence
- Original Evidence (correct)
- Unoriginal Evidence
- Documentary Evidence
Illustrations in evidence must always come from professional experiences.
Illustrations in evidence must always come from professional experiences.
False (B)
What is the primary source of documentary evidence?
What is the primary source of documentary evidence?
Documents like public records or private writings.
TESTIMONIAL EVIDENCE is derived from _________ statements given in courts.
TESTIMONIAL EVIDENCE is derived from _________ statements given in courts.
Match the type of evidence with its description:
Match the type of evidence with its description:
Which of the following best describes unoriginal evidence?
Which of the following best describes unoriginal evidence?
Both testimonial evidence and documentary evidence can be used as separate forms of evidence.
Both testimonial evidence and documentary evidence can be used as separate forms of evidence.
List one type of evidence that can fall under testimonial evidence.
List one type of evidence that can fall under testimonial evidence.
What is the primary purpose of argumentation?
What is the primary purpose of argumentation?
All debates are considered forms of argumentation.
All debates are considered forms of argumentation.
What does the term 'commitment to rationality' refer to in argumentation?
What does the term 'commitment to rationality' refer to in argumentation?
A debate is a formal oral controversy between two opposing _____.
A debate is a formal oral controversy between two opposing _____.
Match the following terms with their definitions:
Match the following terms with their definitions:
In an argument, the speaker provides _____ to support their claims.
In an argument, the speaker provides _____ to support their claims.
When someone argues against another's claim, they are engaging in a debate.
When someone argues against another's claim, they are engaging in a debate.
The arguer expresses their thoughts as if saying, 'You may use as much time as I ____.'
The arguer expresses their thoughts as if saying, 'You may use as much time as I ____.'
What is the primary goal of an argument?
What is the primary goal of an argument?
An issue in a debate has only one side to consider.
An issue in a debate has only one side to consider.
What is the duty of the affirmative in a debate after the negative presents its arguments?
What is the duty of the affirmative in a debate after the negative presents its arguments?
A legal issue may refer to a person's lineal ________ or a group of securities offered for sale.
A legal issue may refer to a person's lineal ________ or a group of securities offered for sale.
Which of the following statements about issues in court is true?
Which of the following statements about issues in court is true?
The burden of rebuttal may be shifted between the affirmative and the negative.
The burden of rebuttal may be shifted between the affirmative and the negative.
What must the negative do to avoid losing the debate?
What must the negative do to avoid losing the debate?
Match the following types of issues with their definitions:
Match the following types of issues with their definitions:
What is a characteristic of the best evidence rule?
What is a characteristic of the best evidence rule?
Expert evidence requires the special competence of the expert to be established before offering opinion evidence.
Expert evidence requires the special competence of the expert to be established before offering opinion evidence.
What are the three criteria for cogent reasoning?
What are the three criteria for cogent reasoning?
A _______ is a statement that provides reason or supports a conclusion in an argument.
A _______ is a statement that provides reason or supports a conclusion in an argument.
Match the evidence types with their descriptions:
Match the evidence types with their descriptions:
If the best evidence is lost, what is the next step according to the best evidence rule?
If the best evidence is lost, what is the next step according to the best evidence rule?
Cogent reasoning is always fallacious.
Cogent reasoning is always fallacious.
What is a conclusion in an argument?
What is a conclusion in an argument?
Which of the following fallacies suggests that a claim is true simply because a valid authority asserts it?
Which of the following fallacies suggests that a claim is true simply because a valid authority asserts it?
The appeal to ignorance fallacy is when a position is deemed true merely because it hasn't been proven false.
The appeal to ignorance fallacy is when a position is deemed true merely because it hasn't been proven false.
What is the main distinction between questioning the cause and effect relationship in an argument?
What is the main distinction between questioning the cause and effect relationship in an argument?
An argument that relies on inconsistencies in a position or argument is known as a ____________ fallacy.
An argument that relies on inconsistencies in a position or argument is known as a ____________ fallacy.
Match each reasoning type with its description:
Match each reasoning type with its description:
What is the process of moving from specific instances to a general conclusion called?
What is the process of moving from specific instances to a general conclusion called?
In inductive reasoning, at least one of the premises must be negative.
In inductive reasoning, at least one of the premises must be negative.
What must a term in a conclusion do to be considered distributed?
What must a term in a conclusion do to be considered distributed?
The basic form of disjunctive syllogism consists of _____ premises and a conclusion.
The basic form of disjunctive syllogism consists of _____ premises and a conclusion.
Match the parts of a syllogism with their definitions:
Match the parts of a syllogism with their definitions:
Which of the following statements is true regarding disjunctive syllogism?
Which of the following statements is true regarding disjunctive syllogism?
If one premise is negative in a syllogism, the conclusion must also be negative.
If one premise is negative in a syllogism, the conclusion must also be negative.
What type of conclusion does inductive reasoning allow for?
What type of conclusion does inductive reasoning allow for?
Flashcards
Argumentation definition
Argumentation definition
A form of communication where someone uses logical reasoning to convince others of their claim.
Debate definition
Debate definition
Formal, oral disagreement between opposing teams, each trying to convince an audience.
Argumentation vs. Debate
Argumentation vs. Debate
Debate is a type of argumentation, but not all argumentation is debate. Debate is more structured.
Commitment to Rationality
Commitment to Rationality
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Argumentation Purpose
Argumentation Purpose
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Debate Structure
Debate Structure
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Debate's purpose
Debate's purpose
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Subsumption
Subsumption
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Issue (in debate)
Issue (in debate)
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Issue (in law)
Issue (in law)
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Potential Issue (in debate)
Potential Issue (in debate)
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Affirmative's Burden of Rebuttal
Affirmative's Burden of Rebuttal
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Prima Facie Case
Prima Facie Case
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Issue (General Arguments)
Issue (General Arguments)
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Burden of Rebuttal (Debate)
Burden of Rebuttal (Debate)
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Issue in Controversy
Issue in Controversy
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Documentary Evidence
Documentary Evidence
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Testimonial Evidence
Testimonial Evidence
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Original Evidence
Original Evidence
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Unoriginal Evidence
Unoriginal Evidence
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Illustration
Illustration
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Types of Evidence
Types of Evidence
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Illustration Clarity
Illustration Clarity
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Evidence Types
Evidence Types
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Effect to Cause
Effect to Cause
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Reasoning by Sign
Reasoning by Sign
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Appeal to Authority
Appeal to Authority
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Is the alleged cause relevant to the effect?
Is the alleged cause relevant to the effect?
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Is this the sole or distinguishing factor?
Is this the sole or distinguishing factor?
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Inductive Reasoning
Inductive Reasoning
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Deductive Reasoning
Deductive Reasoning
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Syllogism
Syllogism
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Major Premise
Major Premise
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Minor Premise
Minor Premise
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Conclusion
Conclusion
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Disjunctive Syllogism
Disjunctive Syllogism
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Mutually Exclusive Alternatives
Mutually Exclusive Alternatives
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Best Evidence Rule
Best Evidence Rule
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Secondary Evidence
Secondary Evidence
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Expert Evidence
Expert Evidence
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Ordinary Evidence
Ordinary Evidence
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Prearranged Evidence
Prearranged Evidence
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Premise in Argument
Premise in Argument
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Conclusion in Argument
Conclusion in Argument
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Cogent Reasoning
Cogent Reasoning
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Study Notes
Argumentation and Debate
- Argumentation is a communication process where a speaker uses reasoning to gain acceptance for a claim.
- Debate is a formal oral controversy between two opposing teams trying to persuade an audience. All debates are forms of argumentation.
- Argumentation and debate are rule-governed.
- Argumentation requires at least two parties with differing messages.
Social Conventions in Argumentation
- Bilaterality: Arguer acknowledges the right to contrary opinions.
- Self-risk: Arguer accepts the risk of being convinced by the opposition.
- Rationality: Arguer is committed to logical reasoning and giving reasons.
- Fairness Doctrine: Arguer commits to thorough argumentation.
General Rules in Debate
- Debate topic (proposition/resolution) is stated.
- Two teams (affirmative/negative) participate.
- Teams have equal numbers of debaters, and similar time allocations.
- Speakers deliver opening speeches (constructive), and closing speeches (rebuttals).
- Sides alternate presentations. A moderator ensures procedural adherence.
Proposition
- A proposition (resolution) is a statement identifying issues.
- It can be affirmed or denied. It serves as a premise or conclusion in a syllogism and can be expressed in various grammatical forms.
Types Of Propositions
- Fact: Pertaining to past, present, or future events. Aims to evaluate truthfulness.
- Explanation: Explains why something happened, is happening, or will happen. Deals with cause-effect relationships.
- Value: Asserts that something possesses specific desirable or undesirable qualities.
- Policy: Suggests a new policy or program implementation.
Burden of Proof/Rebuttal
- Burden of proof rests on the affirmative team to establish their claim.
- Burden of rebuttal falls on the negative team to refute the affirmative's position.
Issues in General Arguments
- Issues are points of dispute in an argument
- Primary goal of argumentation is to show a proposition is true.
- Explanation aims to show why a proposition is true.
- Reasoning moves forward from premises to a conclusion.
- Explanation reasons backward from a fact to its cause.
Evidence
- Proof is reasoning plus evidence.
- Evidence is factual support for reasoning.
- Evidence in courts is more tightly regulated.
Types of Evidence
- Real Evidence: Evidence presented as an object (e.g., a weapon).
- Personal Evidence: Provided by witness statements (oral or written).
- Documentary Evidence: Evidence from written or symbolic documents.
- Testimonial Evidence: Evidence given by firsthand observers.
Reasoning
- Reasoning, or argument, is the process of drawing conclusions using evidence.
- Cogent reasoning follows valid rules and includes all relevant evidence.
- Reasoning proceeds from premises (reasons) to a conclusion.
Types of Syllogism
- Categorical Syllogism: Uses categorical statements (e.g., all, no, some).
- Hypothetical Syllogism: Uses conditional statements (e.g., if, then).
- Disjunctive Syllogism: Presents mutually exclusive alternatives.
Fallacies
- Fallacies are flawed or misleading arguments.
- Recognizing and avoiding fallacies is critical for strong arguments. Many types of fallacies exist; therefore specific and detailed examples are needed.
Reasoning by Analogy/Cause
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Reasoning by analogy: comparison between similar cases, usually in different classifications.
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Causal reasoning: principle that every cause has an effect. Can be cause-to-effect, or effect-to-cause types. Often involves generalizing.
Deductive and Inductive Reasoning
- Deductive: Reasoning from general to specific.
- Inductive: Reasoning from specific to general.
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