Chapter 1: Critical Thinking Flashcards
Thinking
“Activity of the brain that can potentially be expressed in speaking or writing.”
Thinking Refers To..
The process of creating a structured series of connective transactions between items of perceived information
Styles of Thinking
- Linear - US and Northern Europe
- Digressive - Roman Language speakers
- Circular - Asian people
- Semitic - Arab and Hebrew speakers
Linear thinking
Left brain dominant
Prefer a very structured approach to learning, following step-by-step approach, where a step must be elicited before another step is taken
Math and accounting are considered linear subjects
Is to continue to look at something from one point of view
Digressive Thinking
The person is ending to depart from the main point.
Synonymous to rambling
Act/instance of departing from the central topic/line of argument while speaking or writing is often seen in an individual from the Romance languages and occurs usually temporarily
Circular Thinking
Person is engaged in a chain of thought resulted from the original thought that led to another thought, led to another thought, ect which will ultimately return to the original thought
Cultures engaged in this type of thinking have a tendency to provide a lot of background info and reach their main point at the end of writing or speech
Semitic Thinking
Person is engaged in some deliberate repetition
Ex: speakers or writers may engage in parallelism, stating the same points in various ways
Critical Thinking Characteristics
- Identifying and challenging assumptions
- Challenging the importance of context
- Trying to imagine and explore alternatives
- Reflective skepticism
Nature of Critical Thinking
- Self improvement
- Systematic evaluation of arguments based on explicit rational criteria
- Awareness of a set of interrelated key/right questions
- Ability to ask and answer key/right questions at appropriate time
- Desire to actively use the right/key questions
- Not simply absorbing (sponge) but actively evaluating (panning)
- Dissecting, analyzing, and sifting through streams of info
Critical Thinking is generally concerned with reasons:
- Identifying reasons
- Evaluating reasons
- Giving reasons
To put forth clear arguments with clear and precise premises leading to logical conclusions
Critical Thinking & Law
- What are the facts?
- What is the issue?
- What are the reason (s) and conclusion?
- What are the relevant rules of Law?
- Does the legal argument contain significant Ambiguity?
- What ethics are fundamental to the court’s reasoning?
- How appropriate are the legal analogies?
- Is there any relevant missing info?
Process of Critical Legal Thinking:
- Specifying the issue presented by the case
- Identifying the key facts in the case and applicable law
- Applying the law to the facts
- Reaching a conclusion that answers the issue presented
IRAC Method:
I - Issue
R- Rule of Law
A - Analysis of Facts
C - Conclusion
3 Powers of Government:
U.S. Constitution provides:
- Article I Section I Legislative Power- Congress
- Article II Section I Executive Power - President
- Article III Section I Judicial Power - Supreme Court and other Courts as Congress deems appropriate
2 Main Judicial Systems:
- Federal Judicial System
2. State Judicial System
