DCIT for Evaluating Legal Evidence Relevancy
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Questions and Answers

What is one category of attack focused on in the DCIT perspective?

  • Off-line chain of reasoning
  • Design of the argument structure (correct)
  • Blocking objection
  • Implicit premises

Which type of objection is considered an off-line objection?

  • Blocking objection
  • Diverting objection (in-line)
  • Rebutting objection
  • Diverting objection (off-line) (correct)

How does a blocking objection operate within an argument?

  • By operating within the existing reasoning (correct)
  • By undermining accepted premises
  • By presenting alternative evidence
  • By redirecting the flow of reasoning

What classification do blocking and diverting objections fall under in Pollack's framework?

<p>Undercutting defeaters (B)</p> Signup and view all the answers

What is a primary goal of the attacks categorized in the DCIT perspective?

<p>Reducing the probative force of acceptability (B)</p> Signup and view all the answers

What does a diverting objection inherently aim to do within an argument?

<p>Bypass the opponent's logic (D)</p> Signup and view all the answers

To establish probative relevancy in an attack, what must be demonstrated?

<p>The connection to the opponent's reasoning (B)</p> Signup and view all the answers

What type of objection attempts to connect directly to the subject phrase of the ultimate probandum?

<p>Off-line diverting objection (C)</p> Signup and view all the answers

What must the fact to be proved be in relation to the determination of the action?

<p>Consequence to the determination of the action (C)</p> Signup and view all the answers

Which type of relationship must exist between the item of evidence and the ultimate probandum?

<p>Probative relevancy (A)</p> Signup and view all the answers

Which two concepts were merged under the new definition of relevance in FRE 401?

<p>Relevance and materiality (B)</p> Signup and view all the answers

What challenge may a litigator face when trying to connect evidence to the ultimate fact?

<p>Proving or refuting the logical connection (B)</p> Signup and view all the answers

What is true about the relevancy in this context?

<p>It must be transitive. (A)</p> Signup and view all the answers

Which fact can be considered a probandum according to FRE 401?

<p>An intermediate or evidentiary fact (A)</p> Signup and view all the answers

What is a significant aspect of proving evidence relevance in court?

<p>The ability to create a logical connection (A)</p> Signup and view all the answers

What happens if the item of evidence does not have probative relevancy to the ultimate probandum?

<p>It is considered irrelevant. (C)</p> Signup and view all the answers

What does the blackout test help to determine?

<p>Whether premises are linked or convergent. (A)</p> Signup and view all the answers

In DCIT, how are linked premises defined?

<p>Premises along the same line of nested classes. (D)</p> Signup and view all the answers

What characterizes convergent premises?

<p>They are located on separate lines of nested classes. (B)</p> Signup and view all the answers

What is a key feature of legal arguments in DCIT?

<p>They account for their defeasible nature. (C)</p> Signup and view all the answers

What does the structure of DCIT inferential arguments need to include?

<p>Necessary and adjunct assumptions. (B)</p> Signup and view all the answers

What does the term 'nested classes' refer to in DCIT?

<p>Classes of premises linked by their inclusion relationships. (A)</p> Signup and view all the answers

Why is it important to distinguish between convergent and linked arguments?

<p>To understand the underlying logic and connections. (C)</p> Signup and view all the answers

What should be reflected in the argument structure regarding new facts?

<p>The potential for exceptions and changes. (A)</p> Signup and view all the answers

Flashcards

Diverting or Blocking Objection

An objection that aims to diminish or eliminate the persuasive power of the evidence presented, without directly criticizing the argument's structure. It can operate by either diverting or blocking the flow of evidence.

Design Objection

A type of objection in argumentation that directly attacks the proposed evidence's relevance to the overall argument's structure.

Off-Line Diverting Objection

A type of diverting objection that proposes an alternative argument, bypassing the existing line of reasoning. It focuses on an alternative chain of reasoning.

In-Line Diverting Objection

A type of diverting objection that operates within the existing line of reasoning by adding a new argument or premise.

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Blocking Objection

A type of blocking objection that aims to directly impede the flow of evidence and undermine the argument's persuasiveness.

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Rebutting Defeaters

One of the two main types of defeating arguments, which aim to disrupt the flow of evidence by refuting or challenging the validity of the supporting evidence.

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Undercutting Defeaters

One of the two main types of defeating arguments, which undermine the persuasive force of the evidence by introducing alternative interpretations or contextual information.

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Probative Relevancy

The quality of evidence that makes it relevant and valuable to strengthening a conclusion. It refers to the ability of evidence to support or refute the ultimate point being argued.

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Ultimate Probandum

The ultimate issue or fact to be proved in a legal case. It is the main point that needs to be determined.

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Intermediate Fact

A fact that is not the ultimate issue but is relevant to the ultimate fact and helps prove it. It has probative relevancy to the ultimate probandum.

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Ultimate Fact

A fact that directly supports the ultimate probandum. It is essential for proving the case.

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Transitive Relevancy

The connection between a piece of evidence and the ultimate probandum is established through a chain of logical connections.

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Relevancy in Legal Proceeding

The idea that evidence must be relevant to the matter at issue in a case. It must tend to prove or disprove something that is at stake in the case.

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Generalizable Argument structure

A new approach that aims to break down complex arguments about probative relevancy into simpler, more manageable steps, making it easier for lawyers to present their cases.

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State v.Guzek

A legal case where the court combined the concepts of 'relevance' and 'materiality' into a single definition of relevance as used in FRE 401.

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Convergent Arguments

A type of argument structure where multiple lines of reasoning converge towards the same conclusion. Each line of reasoning provides independent support for the conclusion, and they can stand alone even if one line is weakened or removed.

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Linked Arguments

A type of argument structure where premises are connected along the same line of reasoning, with each premise building upon the previous one. Removing a premise in a linked argument significantly weakens the overall conclusion.

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Blackout Test

A test used to identify linked arguments. It involves removing one premise at a time and evaluating whether the conclusion is significantly weakened. If removing a premise significantly reduces the conclusion's strength, the argument is likely linked.

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Assumptions

In argumentation, this refers to the acceptance of premises as true, even though they may not be definitively proven. These include facts, general knowledge, and potential exceptions that may not be explicitly stated.

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Uni-directional Arrow

In a DCIT inference diagram, this indicates the direction of reasoning. A uni-directional arrow shows that the reasoning flows in one direction, from premise(s) to conclusion.

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Inference Bridge Diagram

A type of argument structure where the conclusion is dependent on evidence that is added incrementally, with each piece of new evidence building upon the previous one. This structure is used in legal arguments to account for the fact that new evidence may emerge during the case.

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Defeasible Arguments

In legal argumentation, the argument structure needs to account for the possibility of new evidence, exceptions, and assumptions. This is achieved by including necessary and adjunct assumptions that might affect the conclusion.

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Adjunct Assumptions

These are assumptions added to an argument to account for potential exceptions or new facts that may arise. They ensure the argument's flexibility and robustness in the face of evolving information.

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Study Notes

Defeasible Class-Inclusion Transitivity (DCIT) for Evaluating Evidentiary Relevancy

  • A new argument structure, DCIT, is proposed for evaluating legal evidence relevancy.
  • It uses Sommers' term-functor logic (TFL) to structure premises for deductive, inductive, and presumptive inferences.
  • This structure, similar to Toulmin, argument schemes, Wigmorean charts, and diagrams, shows the link between evidence and the ultimate conclusion (e.g., guilt or innocence).
  • Relevancy is a relationship between evidence and the issue in the case, not an inherent property of evidence.
  • Evidence must have a 'tendency' to make the existence of a consequential fact more or less probable (Federal Rules of Evidence 401).
  • The 'fact to be proved' can be ultimate, intermediate, or evidentiary, as long as it's important in determining the case outcome.
  • Relevancy is transitive: evidence must have probative relevancy to the ultimate issue.

DCIT Argument Structure

  • The proposed structure uses class-inclusion transitivity (CIT) as the core inference mode.
  • This means the evidence links the subject and predicate phrases of the ultimate probandum.
  • Structural correctness demonstrates that evidence tends to prove the issue in the case.
  • This is different from deductive validity; it can be inductive or plausibilistic.
  • The structure is helpful for quickly evaluating arguments in courts.

Defeasible DCIT (DCIT)

  • DCIT is a generalized structure that handles defeasibility, essential for evolving legal situations.
  • Defeasibility means that arguments, initially accepted, can be modified or refuted by new information.
  • This structure demonstrates admissibility of evidence in light of its connection to the probandum and possible subsequent alterations.

DCIT and Litigation

  • DCIT can be applied to a variety of arguments, including categorical, relational, and conditional arguments.
  • It is helpful for addressing issues of inference and argument construction in legal cases.
  • Modern predicate logic (MPL) is not well-suited for courtroom use due to its complexity and unfamiliar syntax, unlike DCIT.
  • DCIT's class-inclusion structure mirrors a common method of legal reasoning, making it easier to understand and apply.

Probative Relevancy

  • The legal standard for evidence admissibility is whether or not the evidence tends to make the existence of any fact that is consequential to the case more or less probable.
  • The concept of relevancy is a relationship between an item of evidence and the matter being established in the case.

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Description

This quiz explores the Defeasible Class-Inclusion Transitivity (DCIT) argument structure for assessing the relevancy of legal evidence. It integrates concepts from Sommers' term-functor logic and highlights the relationship between evidence and the issues at hand, illustrating how relevancy is evaluated in legal contexts. Test your understanding of evidentiary theory and the implications of DCIT in judicial reasoning.

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