COMM 1117 Lecture Notes - Lecture 20: Tom Cruise, Direct Examination, Interrogatories
2 May 2018
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ARGUMENTATION IN LEGAL TRIALS
Overview: What we will be doing is called patterns-in-use analysis, the ways that people who actually
function as decision-makers argue
Argumentation at trial involves claims of fact and evaluative judgment using public and technical sphere
strategies of argument
Where public and technical sphere strategies come together in trial argumentation: Juries must
decide what happened in an everyday situation, but judges and lawyers must decide what happens
legally based on that decision.
Patterns in use analysis
A. Making public and technical claims in complaints and answers based upon prior interviews and
legal sources
o Ex. In A Few Good Men, Attorneys Kaffee and Galloway talk with the participants
B. Finding support (grounds, warrants, backing, qualifiers, rebuttals and reservations) for public and
technical arguments during pretrial discovery
1. Interrogatories and subpoenas
2. Depositions (sessions where someone records the testimony of potential witness)
3. Legal Research
o Ex. In A Few Good Men, the attorneys pose questions to potential witnesses
C. Opening statements make public arguments (trial begins)
1. Summaries of qualified claims of fact, expected grounds, and legal judgment
2. Woven into "trial narratives," stories that construct chains of claims
o Ex. Ross (Kevin Bacon) recites the facts
o Kaffee (Tom Cruise) shows the inconsistencies in the story
D. Case supports public arguments -- each side presents its witnesses and physical evidence
1. Stipulations -- uncontested matters
2. Direct examination and authentication of physical objects
o Ex. Ross says the facts are not denied
o Kaffee talks about clothes and phone calls
E. Questioning and objections make technical arguments
1. Cross-eaiatio of witess’s tests rediilit
2. Objections test backing for warrants that make evidence admissible as grounds
F. Closing arguments (trial ends) combine public with technical arguments
1. Full trial narratives
2. More details about evaluative judgment and its relationship to law
find more resources at oneclass.com
find more resources at oneclass.com
