Test 1 Flashcards
(32 cards)
Propositition of Fact
One side is true while negative side is false.
Proposition of Value
Court says that a certain value or fact is justified
“Television is a waste of time”
Propositions of Policy
Says that a course of action should be adopted
The Status Quo
currently existing structures of law
Presumption
Favoring a given side in dispute.
The Policy Perspective
When change is inherent in the status quo
Burden of Refutation
the obligation to refute, or respond to the opposing arguement
Contentions
statements offered in support of an issue
Evidence
Raw material of argumentation
Direct Evidence
evidence that shows the existence of a fact in question without intervention of the proof of any other facts
Presumptive Evidence
evidence that shows existence of a fact
Public Records (evidence)
all documents issued with approval of government agency
Public Writing (evidence)
textbooks, anything published
Private Writing (evidence)
Diaries, journals, wills
Testimony of Witnesses
testimony in court before government usually under oath
Personal INspection (evidence)
when you see or observe something
Primary (evidence)
Best evidence, firsthand evidence
Secondary (evidence)
falls short of standard, better evidence of the matter
Real Evidence
Fingerprints or DNA
Personal Evidence
Own written word
Prearranged Evidence
Created for specific purpose
Casual Evidence
not designed for future reference
Negative evidence
the absence of evidence
Reasoning of Analogy
similarities between two different cases
