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.