Deck 12: Effective Advocacy

Question 1

Which concept reflects the view that the status quo is satisfactory and the existing order should remain as it is, absent a clear and convincing case to the contrary?

A) Burden of proof
B) Prima facie case
C) Presumption
D) Burden of clash

Answer 1

C

Question 2

Which of the following is needed to overcome presumption and satisfy the burden of proof?

A) Reasonable doubt
B) Prima facie case
C) Burden of clash
D) Burden of rebuttal

Answer 2

B

Question 3

The traditional view is that in a typical, everyday argument:

A) The advocate for change has presumption
B) The opponent of change has presumption
C) No one has the burden of proof
D) The advocate for change has the burden of clash

Answer 3

B

Question 4

In order to obtain a guilty verdict in a murder trial, the prosecutor would have to establish a motive, intent or malice, opportunity, and proof of foul play. Doing so satisfies which obligation below?

A) Presumption
B) Natural presumption
C) Burden of clash
D) Burden of proof
E) Burden of rebuttal

Question 5

Which of the following best represents a definitional dispute?

A) Capital punishment should be abolished worldwide.
B) Capital punishment is unconstitutional, based on the Eighth Amendment's ban on "cruel and unusual" punishment.
C) China, Iran, North Korea, Saudi Arabia, and the USA carry out the most executions per year.
D) Capital punishment perpetuates racial injustice because it is imposed disproportionately on poor, powerless people of color.

Question 6

Once an arguer has provided a prima facie case, the recipient of the argument has:

A) The burden of proof
B) The burden of rebuttal
C) Presumption
D) Burden of evidence
E) Burden of reasoning

Question 7

Which of the following statements regarding presumption is false?

A) Presumption identifies which side in a controversy presently occupies the contested ground.
B) Artificial presumption is established by governments, institutions, or society.
C) Natural presumption is established by observing the order of nature or common practice.
D) The "beyond a reasonable doubt" standard illustrates natural presumption.

Question 8

An advocate must provide "good and sufficient reasons" in order to:

A) Continue to enjoy presumption
B) Meet her/his burden of proof
C) Meet his/her burden of clash
D) Have the right to argue
E) Avoid the backfire effect

Question 9

With respect to policy disputes, which stock issue focuses on the cause of a problem or the barrier to its solution?

A) Significance
B) Inherency
C) Harm
D) Solvency
E) Comparative advantage

Question 10

In a legal setting, the most strict or rigorous standard of proof is:

A) Clear and convincing case
B) Probable cause
C) Preponderance of evidence
D) Beyond a reasonable doubt
E) Reasonable suspicion

Question 11

A medical researcher proclaims, "Our new treatment must be working; not a single patient has complained!" The researcher's claim reflects:

A) An appeal to ignorance
B) A clear and convincing case
C) A prima facie case
D) A "reasonable man" standard
E) A preponderance of evidence standard

Question 12

The process of discovering the key issues surrounding a controversy, and developing arguments and evidence that address those issues, is known as:

A) Brainstorming
B) Discovery
C) Critical thinking
D) Invention
E) Thinking outside the box

Question 13

Which of the following best exemplifies a value dispute?

A) Cities should ban the use of facial recognition technology for all public cameras.
B) When it comes to public cameras, the right to privacy outweighs the need for facial recognition technology.
C) San Francisco was the first city to enact a ban on facial recognition technology in public cameras.
D) China's "Xue Liang" ("Sharp Eyes") policy uses facial recognition and artificial intelligence to track people's behavior and movements.
E) Facial recognition technology identifies a person, or verifies a person's identity, from a digital image or video source.

Question 14

The stock issues of significance, solvency, and inherency apply to:

A) Factual disputes
B) Definitional disputes
C) Value disputes
D) Policy disputes

Question 15

People often persist in their beliefs even in the face of factual evidence contradicting those beliefs. This is known as:

A) A bunker mentality
B) Insular attitude phenomenon
C) Pigheadedness
D) Obstinate Ollie effect
E) The backfire effect

Question 16

An advocate for reparations (e.g., compensating African Americans whose ancestors were enslaved) argues, "The legacy of slavery is that African Americans experience higher rates of poverty and unemployment compared to other groups, have lower life expectancy, higher infant mortality rates, receive lower quality health care, and are imprisoned disproportionately compared to other ethnic groups." The arguer is focusing primarily on which stock issue below?

A) Significance
B) Inherency
C) Solvency
D) Comparative advantage

Question 17

A pro-reparations advocate argues, "Reparations would not involve the federal government writing a check to every black person in the U.S. One option would be for Congress to establish a federally-funded education trust to help descendants of slaves attend college." The arguer is focusing primarily on which stock issue below?

A) Significance
B) Inherency
C) Solvency
D) Comparative advantage

Question 18

A gun enthusiast argues, "The Second Amendment is more important than all of the other amendments in the Bill of Rights, because without the right to bear arms, there is no way to protect all of the other rights." This statement best illustrates:

A) A value hierarchy
B) Value balancing
C) Value consistency
D) Contradictory values

Question 19

Which stock issue is synonymous with harm?

A) Significance
B) Inherency
C) Existential inherency
D) Solvency
E) Comparative advantage

Question 20

A new trail is about to open in a wilderness area. A committee is tasked with deciding who should, and should not, have access to the trail. The committee decides to ban ATVs and horses from the trail, as well as off-leash dogs because they are incompatible with the safety of hikers, dogs on leashes, and cyclists. The committee's decision reflects:

A) Value hierarchy
B) Value balancing
C) Value consistency
D) Contradictory values
E) Instrumental vs. terminal values

Question 21

An opponent of reparations argues, "Paying reparations portrays current African Americans as victims in need of rescuing. Reparations would perpetuate the dependency of African Americans on welfare, food stamps, and other government assistance. Reparations would only foster more negative racial stereotypes."

A) Significance
B) Inherency
C) Solvency
D) Comparative advantage (in this case, a comparative disadvantage)

Question 22

A potential problem with public opinion polls is that respondents may give an answer that they think is politically correct or socially polite, rather than what they really believe. This tendency is known as:

A) The forked tongue phenomenon
B) The Pinocchio effect
C) A Janus-faced response
D) Social desirability bias
E) Double-dealing

Question 23

In order to know what issues important, and what arguments are to make, on a controversial issue, an arguer must use:

A) Logos
B) Invention
C) Deduction
D) Cognition
E) Brainstorming

Question 24

Which stock issue addresses whether there is a feasible, workable, viable plan of action for changing the status quo?

A) Significance
B) Inherency
C) Solvency
D) Comparative advantage

Question 25

Which type of value dispute can be likened to divvying up pieces of a pie to determine which value receives a larger slice?

A) Value hierarchy
B) Value balancing
C) Value consistency
D) Value compatibility

Question 26

Taking into account all of the criteria that should be used in evaluating factual claims, which source of evidence below has the greatest expertise or best source qualifications?
a. "Around the year 2030 … we will be in a position where we set off an irreversible chain reaction beyond human control, that will most likely lead to the end of our civilization as we know it."
Greta Thunberg, Swedish climate activist, aged 17, who organized the "School Strike for Climate Change" and was nominated for a Nobel Peace Prize, in a speech presented in 2019.
b. "If you ask me how scared I am of climate change ruining the planet, I have to say it is near the bottom of my worries. If science is right … we'll find ways to scrub the atmosphere as needed. We always find ways to avoid slow-moving dangers."
Scott Adams, Dilbert creator/cartoonist (2015, December 5). https://blog.dilbert.com/2016/12/05/the-non-expert-problem-and-climate-change-science/" change-science/
c. "Climate change is taking an increasing toll on the nation's environment, health and economy, and the damage will intensify over the century without swift action to slash greenhouse gas emissions."
Tony Barboza, (2018, November 24). Climate Report Warns of Bleak Future. Los Angeles Times, p. A-1.
d. "The consensus that humans are causing recent global warming is shared by 90%-100% of publishing climate scientists according to six independent studies by co-authors of this paper."
Cook, et. al. (2016). Consensus on consensus: A synthesis of consensus estimates on human-cause global warming. Environmental Research Letters, 11(4), 048002.
e. "I've starred in a lot of science fiction movies and, let me tell you something, climate change is not science fiction, this is a battle in the real world, it is impacting us right now."
Arnold Schwarzenegger, actor and former governor of California. (2015, July 6), as cited in Time Magazine. http://time.com/3966610/arnold-schwarzenegger-climate-change/

Question 27

Select a specific controversial issue in the public domain and write a policy claim, a value or judgment claim, and a factual claim associated with that issue.

Question 28

You and a friend are arguing about what the greatest sport in the world is. Your friend says soccer is the greatest sport in the world. What value criteria would you use to champion another sport (your choice) as the greatest in the world?

Question 29

Select a specific policy position that you advocate and explain how the issues of significance, inherency, and solvency apply to that policy.

Question 30

How are value and policy claims interrelated? Provide a specific example of how the two are intertwined.

Question 31

The abortion controversy involves competing values. Identify the competing values with which pro-life and pro-choice advocates identify. Is there a rational approach to reconciling their differences?

Question 32

Explain what the backfire effect is and provide a specific example of how an arguer might prevent or minimize its effect on an audience.