Definitions
The generalized study of how the human mind responds to persuasive stimuli.
What is cognitive rhetoric?
The study of how rhetoric shapes the biology of the human brain.
What is neurorhetoric?
The three different ways to handle adverse material.
What are ignore, mention, and manage?
It is best to present your own application of CREAC before discussing why your opponent's application of the rule is not in keeping with the letter or spirit of the law.
True. It is best practice to lead with your argument before addressing the counterargument.
The concept that the structure of one's brain can be altered by one's experience.
What is neuroplasticity?
A counterargument that is easily rebutted.
What is a phantom counterargument?
A way for the human mind to connect one concept to another in an automatic and embodied way.
What is metaphor?
Authority you are obligated to disclose even if opposing counsel fails to do so.
What is binding authority?
Managing adverse materials merely means to state that the other side is wrong.
False. You must explain why the other side's argument is less satisfactory than your side by carefully selecting details and giving them to the fact finder logically.
The process of deepening neural pathways in response to repeated exposure to stimulus.
What is canalization?
The belief that juries will attach special importance to an adverse fact if disclosed by the lawyer to whose client the material is adverse
What is "mentioning" approach or "sponsorship theory?"
Function unconsciously and rapidly to help understand experiences in terms of object and substances and allow us to pick apart experiences into discrete entities of a uniform kind.
What are categories?
The way of handling adverse materials that cognitive studies suggest is most effective (be sure to define the strategy).
What is managing - acknowledging the existence of adverse material and refuting it?
Directly confronting adverse material lessens the impact of weaknesses and implicitly adds to credibility
True. Acknowledging the opposing party's strengths lessens the impact of the argument and adds to your credibility.
Represent canalized thought patterns that guide the direction, rapidly and unconsciously, of our thought processes.
What are somatic markers?
To steal your opponent's thunder by introducing the adverse information first.
What is inoculation or inoculating the audience against the adverse material?
Discriminatory beliefs, based on negative stereotypes and cultural generalization, which are held unconsciously.
What are implicit biases?
Managing the cat after it's let out of the bag.
What is "post hoc refutation?"
Counterarguments should use defensive phrasing to clearly indicate opposition.
False. Defensive wording defuses advocacy by creating a visual image of a strong argument from your opponent. It may highlight that the defendant has an argument that requires rebutting.
Releases chemical reactions in our brain that subdue and dampen the part of our brain that controls higher order thinking.
What is emotional rhetoric?
The concept that some or a few attributes of a category stand for the whole.
What is metonymy?
Law is not a static system of rules but rather a...
What is a dynamic intellectual enterprise?
The best way to find the support of your client's story is to refrain from engaging in...
What is one myopic, or short-sighted, view of the facts?
The law is an abstract system or scheme of rules.
False. James Boyd White conceptualizes law as an inherently unstable structure of thought and expression built on dynamic and dialogic tensions.