Cumulative Mid-Term and Final Exam Flashcards

1
Q

Def.: Deposition

A

“The trial before the trial”Probably the only trial you will receive.

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2
Q

T/F: The best way to survive a deposition is by Lying.

A

False; If it means an attorney is needed, one will be provided.

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3
Q

T/F: The best way to survive a deposition is by being careful

A

True; Think through every answer and question. If you don’t understand, say so.

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4
Q

T/F: The best way to survive a deposition is by Dressing Neatly.

A

True; The jury will evaluate your credibility by how you dress.

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5
Q

T/F: The best way to survive a deposition is by interacting with the attorneys on the opposing side.

A

False; Never interact with the opposing side. The opposing side can use whatever you say against you.

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6
Q

Is there such thing as something “off the record”?

A

No!

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7
Q

T/F: The best way to survive a deposition is by giving a long, overqualified, answer.

A

False; The shortest truthful answer is often the best answer. These are often a Yes or No answer.

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8
Q

What are the problems with Stephen Toulman’s theory? (B.Ea.C.H.Con)

A
Boring
EAsy to get wrong 
Counter Productive 
Hard to Learn 
CONfusing
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9
Q

What is the reason for the Toulman Theory?

A

JUSTIFICATION !

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10
Q

Def.: Claim

A

A statement you want the other side to accept.

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11
Q

Def.: Data

A

The information of arguments supporting those claims. (Sources that support the claim)

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12
Q

Def.: Warrant

A

Justification explaining why the data supports the claim.

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13
Q

What is an example of “Traditional evidence”?

A

Movies, books, articles, etc..

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14
Q

What is an example of “Non-traditional evidence”?

A

Personal experience/stories

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15
Q

How can a claim be attacked ?

A

By using counterclaims.

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16
Q

How can data be attacked ?

A

“Your data is bad, our data is better” Or both.

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17
Q

How can a warrant be attacked ?

A

By any angle imaginable/credible.

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18
Q

What was the general philosophy of argumentation, pre-Toulman ?

A

Based on Logos/Philosophical Logic.

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19
Q

What was the general outline for pre-toulman argumentation ?

A

If A = B, and B = C, then A = C.

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20
Q

What are the 3 parts of the Toulman model ?

A

Claim
Data
Warrant

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21
Q

Def.: Unfair Comparison

A

comparing the best of our side to the worst of their side.

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22
Q

Def.: Risk

A

the chances taken or chance of success.

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23
Q

Def.: Reward

A

the eventual overall payoff for your strategy

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24
Q

Deception detection is based on _______, not _______.

A

Probability, not certainty.

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25
Q

Why do people lie?

A

To get out of trouble, social reasons, they have inaccurate info, because they cant help it.

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26
Q

Why is studying lying difficult?

A

lots of lies can not be tested because people lie about how much they lie.

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27
Q

what makes a good lie? (5)

A

it is:

mostly true, believable, short, unprovable, easy to back away from.

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28
Q

How do people trap themselves in chains of lies?

A

Most people don’t think through the results of a chain of lies. Lies are easier to catch without preparation.

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29
Q

What are the 5 techniques of deception detection? D.R.E.W.’S

A
Do it backward 
Remove the incentive
Establish a baseline
Wait for the right moment
Stretch out the process
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30
Q

What did Socrates search for?

A

someone wiser than himself.

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31
Q

What did Socrates die from?

A

Drinking Hemlock

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32
Q

What was Socrates’ view on philosophy and persuasion?

A

That studying persuasion was evil with the end result being irrational.

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33
Q

Def.: Dialectic

A

Seeking truth through question and answer.

34
Q

Def.: Rhetoric

A

Seeking persuasion through question and answer.

35
Q

How do you lose in cross-examination?

A

say something provably untrue
destroy your credibility
contradict yourself

36
Q

Def.: Loaded question

A

loads an assumption into the phrasing of the question

37
Q

Def.: False dilemma

A

A forced-choice between 2 unfair alternatives. Uses the word OR in the dilemma/Question.

38
Q

Def.: Complex question

A

collapses questions into 1 question. Demands a yes or no answer. Uses the word AND within the question.

39
Q

Def.: Critical thinking

A

The awakening of the intellect to the study of itself

40
Q

Elements of thought: Problem

A

Reasoning aimed at figuring something out.

41
Q

Elements of thought: Assumptions

A

What we take as given to begin an argument.

42
Q

Elements of thought: Point of view is

A

reasoning that proceeds from a personal agenda.

43
Q

Elements of thought: Evidence______.

A

Should be the core of rational thought.

44
Q

Elements of thought: Concepts______.

A

shape the expression of reasoning.

45
Q

Elements of thought: Interpretation

A

How we see an issue.

46
Q

Elements of thought: Consequences

A

the end result/s of the idea in question.

47
Q

Def.: Double Think

A

Holding 2 contradictory opinions and not admitting the contradiction.

48
Q

Def.: Group Think

A

A social situation where the desire for harmony and agreement destroys the ability to think critically about a situation.

49
Q

Techniques of critical thinking; Def.: Reversal

A

imagining what the response would be if the opposite of the current situation were true.

50
Q

Techniques of critical thinking: Follow the money

A

Someone is making money off of this. Who and How?

51
Q

Techniques of critical thinking: if .. then..

A

IF what is said is true, THEN what would be the result?

52
Q

Techniques of critical thinking: The person is not the principle

A

When considering a proposal, wonder what damage the worst person in the world could do with that decision.

53
Q

Techniques of critical thinking: Perspective-taking

A

Consciously adopting and testing different viewpoints on the same topic.

54
Q

Elements of thought: All reasoning includes ____.

A

Purpose

55
Q

What are the desired intellectual traits? (8)

A

humility, courage, empathy, autonomy, integrity, perseverance, confidence in reason, fair mindedness.

56
Q

The process of critical thinking should be applied to ________.

A

everything

57
Q

What are the 5 techniques of critical thinking ?

A

Perspective-taking, The person is not the principle, If/Then, Follow the money, Reversal.

58
Q

What 3 tactics were used as propaganda during the early 1900’s? (DM’S)

A

Shape perception, manipulate cognition, direct behavior.

59
Q

What is Sigmond Freud’s brother’s name?

A

Edward Bernays

60
Q

What was Edward Bernays’ goal?

A

End human violence

61
Q

What is white propaganda?

A

A clearly identified source

62
Q

What is grey propaganda?

A

an unknown source

63
Q

What is black propaganda?

A

A false source

64
Q

What are hierarchical networks?

A

internet, tv, movies, etc..

65
Q

what is a peer-to-peer network?

A

information from person to person.

66
Q

How do you break a peer-to-peer network?

A

give false/misleading information.

67
Q

What is a mixed network?

A

Between hierarchical and peer-to-peer networks.

68
Q

What is “downing a duck”?

A

Manipulating a deputy in prison through friendliness, then blackmail.

69
Q

What is a filter bubble?

A

When people follow only things that match their viewpoints.

70
Q

What is the dunning kreuger effect?

A

When you’re so bad at something, you’re oblivious to how bad you are.

71
Q

What did Walter fisher find about the human race?

A

We are storytelling animals

72
Q

What is rationality?

A

How the narrative fits into the story.

73
Q

What is fidelity?

A

How the narrative fits into perspective.

74
Q

What is scope?

A

How many are affected?

75
Q

What is severity?

A

how severely they are affected

76
Q

What is length?

A

how long they are affected.

77
Q

What is a risk?

A

how likely they are affected.

78
Q

what is scarcity?

A

How rare the situation is.

79
Q

What is kriticism?

A

How the mindset of “their argument is bad.”

80
Q

what is a theory?

A

How well justified the position is.

81
Q

What is clash?

A

A difference in position.

82
Q

What is flowing?

A

a flowchart of the debate.