ERIC Number: ED197394
Record Type: RIE
Publication Date: 1980-Nov
Reference Count: 0
Stock Issues in Legal Argumentation: The Role of "Facts".
An investigation into the types of propositions used in criminal trials reveals that the question being adjudicated in criminal trials is a proposition of fact that may or may not be influenced by policy and value considerations. The argument is offered that the proposition of fact identifies the ultimate issue in a legal debate. While value considerations such as believability of the victim may influence the jury's decision, believability is not the ultimate issue. In addition, while juries may be asked at a later date to make policy decisions regarding the fates of defendants after guilty verdicts have been rendered, such policy decisions are not the ultimate issues in the trial phase. Value and policy questions may influence the trial, but a criminal trial must be regarded as a debate on a proposition of fact. There are essentially six stock issues pertinent to a controversy of fact: who, what, when, where, why, and how. These stock issues are more formally stated as the elements in a case that support proposition of fact: definition, subject, locus, means, and purpose. (RL)
Publication Type: Opinion Papers; Speeches/Meeting Papers
Education Level: N/A
Authoring Institution: N/A
Note: Paper presented at the Annual Meeting of the Speech Communication Association (66th, New York, NY, November 13-16, 1980).