Cumulative Mid-Term and Final Exam Flashcards
Def.: Deposition
“The trial before the trial”Probably the only trial you will receive.
T/F: The best way to survive a deposition is by Lying.
False; If it means an attorney is needed, one will be provided.
T/F: The best way to survive a deposition is by being careful
True; Think through every answer and question. If you don’t understand, say so.
T/F: The best way to survive a deposition is by Dressing Neatly.
True; The jury will evaluate your credibility by how you dress.
T/F: The best way to survive a deposition is by interacting with the attorneys on the opposing side.
False; Never interact with the opposing side. The opposing side can use whatever you say against you.
Is there such thing as something “off the record”?
No!
T/F: The best way to survive a deposition is by giving a long, overqualified, answer.
False; The shortest truthful answer is often the best answer. These are often a Yes or No answer.
What are the problems with Stephen Toulman’s theory? (B.Ea.C.H.Con)
Boring EAsy to get wrong Counter Productive Hard to Learn CONfusing
What is the reason for the Toulman Theory?
JUSTIFICATION !
Def.: Claim
A statement you want the other side to accept.
Def.: Data
The information of arguments supporting those claims. (Sources that support the claim)
Def.: Warrant
Justification explaining why the data supports the claim.
What is an example of “Traditional evidence”?
Movies, books, articles, etc..
What is an example of “Non-traditional evidence”?
Personal experience/stories
How can a claim be attacked ?
By using counterclaims.
How can data be attacked ?
“Your data is bad, our data is better” Or both.
How can a warrant be attacked ?
By any angle imaginable/credible.
What was the general philosophy of argumentation, pre-Toulman ?
Based on Logos/Philosophical Logic.
What was the general outline for pre-toulman argumentation ?
If A = B, and B = C, then A = C.
What are the 3 parts of the Toulman model ?
Claim
Data
Warrant
Def.: Unfair Comparison
comparing the best of our side to the worst of their side.
Def.: Risk
the chances taken or chance of success.
Def.: Reward
the eventual overall payoff for your strategy
Deception detection is based on _______, not _______.
Probability, not certainty.
Why do people lie?
To get out of trouble, social reasons, they have inaccurate info, because they cant help it.
Why is studying lying difficult?
lots of lies can not be tested because people lie about how much they lie.
what makes a good lie? (5)
it is:
mostly true, believable, short, unprovable, easy to back away from.
How do people trap themselves in chains of lies?
Most people don’t think through the results of a chain of lies. Lies are easier to catch without preparation.
What are the 5 techniques of deception detection? D.R.E.W.’S
Do it backward Remove the incentive Establish a baseline Wait for the right moment Stretch out the process
What did Socrates search for?
someone wiser than himself.
What did Socrates die from?
Drinking Hemlock
What was Socrates’ view on philosophy and persuasion?
That studying persuasion was evil with the end result being irrational.
Def.: Dialectic
Seeking truth through question and answer.
Def.: Rhetoric
Seeking persuasion through question and answer.
How do you lose in cross-examination?
say something provably untrue
destroy your credibility
contradict yourself
Def.: Loaded question
loads an assumption into the phrasing of the question
Def.: False dilemma
A forced-choice between 2 unfair alternatives. Uses the word OR in the dilemma/Question.
Def.: Complex question
collapses questions into 1 question. Demands a yes or no answer. Uses the word AND within the question.
Def.: Critical thinking
The awakening of the intellect to the study of itself
Elements of thought: Problem
Reasoning aimed at figuring something out.
Elements of thought: Assumptions
What we take as given to begin an argument.
Elements of thought: Point of view is
reasoning that proceeds from a personal agenda.
Elements of thought: Evidence______.
Should be the core of rational thought.
Elements of thought: Concepts______.
shape the expression of reasoning.
Elements of thought: Interpretation
How we see an issue.
Elements of thought: Consequences
the end result/s of the idea in question.
Def.: Double Think
Holding 2 contradictory opinions and not admitting the contradiction.
Def.: Group Think
A social situation where the desire for harmony and agreement destroys the ability to think critically about a situation.
Techniques of critical thinking; Def.: Reversal
imagining what the response would be if the opposite of the current situation were true.
Techniques of critical thinking: Follow the money
Someone is making money off of this. Who and How?
Techniques of critical thinking: if .. then..
IF what is said is true, THEN what would be the result?
Techniques of critical thinking: The person is not the principle
When considering a proposal, wonder what damage the worst person in the world could do with that decision.
Techniques of critical thinking: Perspective-taking
Consciously adopting and testing different viewpoints on the same topic.
Elements of thought: All reasoning includes ____.
Purpose
What are the desired intellectual traits? (8)
humility, courage, empathy, autonomy, integrity, perseverance, confidence in reason, fair mindedness.
The process of critical thinking should be applied to ________.
everything
What are the 5 techniques of critical thinking ?
Perspective-taking, The person is not the principle, If/Then, Follow the money, Reversal.
What 3 tactics were used as propaganda during the early 1900’s? (DM’S)
Shape perception, manipulate cognition, direct behavior.
What is Sigmond Freud’s brother’s name?
Edward Bernays
What was Edward Bernays’ goal?
End human violence
What is white propaganda?
A clearly identified source
What is grey propaganda?
an unknown source
What is black propaganda?
A false source
What are hierarchical networks?
internet, tv, movies, etc..
what is a peer-to-peer network?
information from person to person.
How do you break a peer-to-peer network?
give false/misleading information.
What is a mixed network?
Between hierarchical and peer-to-peer networks.
What is “downing a duck”?
Manipulating a deputy in prison through friendliness, then blackmail.
What is a filter bubble?
When people follow only things that match their viewpoints.
What is the dunning kreuger effect?
When you’re so bad at something, you’re oblivious to how bad you are.
What did Walter fisher find about the human race?
We are storytelling animals
What is rationality?
How the narrative fits into the story.
What is fidelity?
How the narrative fits into perspective.
What is scope?
How many are affected?
What is severity?
how severely they are affected
What is length?
how long they are affected.
What is a risk?
how likely they are affected.
what is scarcity?
How rare the situation is.
What is kriticism?
How the mindset of “their argument is bad.”
what is a theory?
How well justified the position is.
What is clash?
A difference in position.
What is flowing?
a flowchart of the debate.
