Test 1 Flashcards

1
Q

Propositition of Fact

A

One side is true while negative side is false.

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2
Q

Proposition of Value

A

Court says that a certain value or fact is justified

“Television is a waste of time”

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3
Q

Propositions of Policy

A

Says that a course of action should be adopted

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4
Q

The Status Quo

A

currently existing structures of law

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5
Q

Presumption

A

Favoring a given side in dispute.

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6
Q

The Policy Perspective

A

When change is inherent in the status quo

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7
Q

Burden of Refutation

A

the obligation to refute, or respond to the opposing arguement

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8
Q

Contentions

A

statements offered in support of an issue

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9
Q

Evidence

A

Raw material of argumentation

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10
Q

Direct Evidence

A

evidence that shows the existence of a fact in question without intervention of the proof of any other facts

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11
Q

Presumptive Evidence

A

evidence that shows existence of a fact

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12
Q

Public Records (evidence)

A

all documents issued with approval of government agency

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13
Q

Public Writing (evidence)

A

textbooks, anything published

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14
Q

Private Writing (evidence)

A

Diaries, journals, wills

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15
Q

Testimony of Witnesses

A

testimony in court before government usually under oath

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16
Q

Personal INspection (evidence)

A

when you see or observe something

17
Q

Primary (evidence)

A

Best evidence, firsthand evidence

18
Q

Secondary (evidence)

A

falls short of standard, better evidence of the matter

19
Q

Real Evidence

A

Fingerprints or DNA

20
Q

Personal Evidence

A

Own written word

21
Q

Prearranged Evidence

A

Created for specific purpose

22
Q

Casual Evidence

A

not designed for future reference

23
Q

Negative evidence

A

the absence of evidence

24
Q

Reasoning of Analogy

A

similarities between two different cases

25
Q

Casual Reasoning

A

When a cause produces an effect

26
Q

Reasoning by Example

A

Inferring conclusions from specific cases

27
Q

Ambiguity

A

When one word is interpreted in two or more ways

28
Q

Fallacies of Pseudoarguments

A

cause distortion, confusion or avoidance of the matter at hand

29
Q

Arguing in a Circle

A

When you argument is only your conclusion

30
Q

Structuring a Response

A

Asking unimportant questions until pattern of a response is established

31
Q

Straw Argument

A

Sets up an issue on to knock it down.

32
Q

Posing a non sequitur

A

starting at one spot and ending in another