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?

Undercutting defeaters Signup and view all the answers

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

Reducing the probative force of acceptability Signup and view all the answers

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

Bypass the opponent's logic Signup and view all the answers

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

The connection to the opponent's reasoning Signup and view all the answers

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

Off-line diverting objection Signup and view all the answers

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

Consequence to the determination of the action Signup and view all the answers

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

Probative relevancy Signup and view all the answers

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

Relevance and materiality Signup and view all the answers

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

Proving or refuting the logical connection Signup and view all the answers

What is true about the relevancy in this context?

It must be transitive. Signup and view all the answers

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

An intermediate or evidentiary fact Signup and view all the answers

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

The ability to create a logical connection Signup and view all the answers

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

It is considered irrelevant. Signup and view all the answers

What does the blackout test help to determine?

Whether premises are linked or convergent. Signup and view all the answers

In DCIT, how are linked premises defined?

Premises along the same line of nested classes. Signup and view all the answers

What characterizes convergent premises?

They are located on separate lines of nested classes. Signup and view all the answers

What is a key feature of legal arguments in DCIT?

They account for their defeasible nature. Signup and view all the answers

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

Necessary and adjunct assumptions. Signup and view all the answers

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

Classes of premises linked by their inclusion relationships. Signup and view all the answers

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

To understand the underlying logic and connections. Signup and view all the answers

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

The potential for exceptions and changes. Signup and view all the answers

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.