Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
142
WITHA PURPOSE
SPEAKING
rRcuMEilTs
efiosrue
Unlike the openingstatement,the closingsummationis an argument.
Rememberthe cardinalrule:Iessis more!
\/
rt
lrgument
Gloeing
a Pensuasive
TipsForPneparing
1. Tella persuasivostory
r Reviewthe facts.What happened?
r Why did it happen?
r Who is credible?
Who shouldbe believed?
r How canwe know for surewhat is true?
r Doesthe evidencemakesense?
r Is the theorycompelling?
2. Tieup the looseendsfrom cross-examinatlon
r Leavespacein your closingargumentto makeinferencesand assert
claimsthat wereimplied during cross-examination.
r HigNight inconsistencies,
contradictions,and gapsin the logicof
opposingcounsel'stheoryof the case.
3. Dellveron your promises
r During your openingstatement,
you told thejudgeand/orjury
whatyou intendedto show,demonstrate'or prove.Now,during
your closingargument,you shouldcommenton the promisesthat
ryerekept.
4. Dealwith your weaknesse3,
r During cross-examination
opposingcounselmay
of your witnesses,
in the
contradictions,or weaknesses
haveexposedinconsistencies,
logicof your theoryof the case.Confronttheseproblemsand
resolvethem.
5. Askfor your verdictor damager
r In a criminaltrial case,confidentlyaskthejudgeand/orjury for the
verdict you seelc
r In a civil case,after you havedemonstratedliabiliry addressthe
issueof damages.
(Adaptedfrom StevenLubet,SheilaBlock,and CynthiaTape,Moilern Trial Advocacy:
145-146.)
Canada,pp.
Chapter9
MockTrials 143
Glosinglrgunent
a PersuaEiue
frps ForDelluening
Notcl You may want to visit "Languageand Voicej"'Body Language,"
and"Rwiew of Oral AdvocacySkills"on Pages
"DeliveryTechniques,"
63-T2inChapter6.
gi
r
r
r
r
F*ample
... One... Two ... Three..."
"Therearethreereasons
I Practisespeaking.Locateyour naturaltone.Usethe voicetechniques
acrosseffectively.
of inflection,volume,and paceto getyour message
r Usesimple,persuasivelanguage.Simplelanguageis more
compellingthan elaborateandponderousphrasingthat strainsthe
attentionof your audience.Chooseactivenounsandverbsto
conveyemotion.Avoid inflammatory adectivesand adverbs.
r Usevisual aidsasappropriate.You may useany exhibit enteredinto
evidence-a document,a diagram,an item of clothing'a weaPonto illustratea keypoint in your closingargument.
(Adaptedfrom StevenLubet,SheilaBlock,and Cynthia Tape,Modon Ttial Advocacy:
Canada,pp.42l-425.\
Thlngsto AuoidDuringYourCloslnglrgunent
r Do not use a statementof your personalbeliefs as a basisfor the
verdict ofyour case.
r Do not appealto emotion or sympathy asthe basisfor the verdict The
casemust be judged on its legal merits and the evidencepresented.
r It is unethical to use inflammatory argumentsbasedon prejudice
or bigotry to persuadeor appealto the judge and/or jury.
r Do not misstatethe facts or deliberatelyemploy logical fallacies
(seeChapter 1) to jump to conclusionsor make inferencesthat the
evidencedoes not suPPort.
r When enumerating items, do not number more than six items. Most
people'sattention startswaglering after sevenitems of information.
5"t
\'
SPEAKING
WITHA PURPOSE
Notc:once you know the purposeof your role and your responsibilities,you can flip aheadto "PreparingYourcase"later in part I of this
chapterto discoverstrategieson how to analyzecritically and prepare
your argument.Part2 of this chapterprovidesmore detailedstrategies
for eachof the rolesdescribedbriefly in this section.
tr
tr
tr
tr
72
SPEAK]NG
WITHA PURPOSE
Organizatlon
r Beprepared.
Knowyourstuff.
r constructa logicalargument:premiseby
premise.
r Theargumentmustbe basedon evidence,
r Sequence
and prioritizethe evidencefor
maximumimpact.
r Highlightthe mostcompellingevidence
at the endof your presentation.
r Don'tjump to conclusions
or makefaulty
assumptions.
Evocatlon:Word Choice
r Selectyour words deliberately.
r Uselanguagethat is straightforwardand
simple.
I Useactive nouns and verbs rather than
inflammatoryadjectivesand adverbs.
r Paintvisualmental imageswith your
words.
r Engageyour audience.Grabtheir
attention with your passionand sincerity.
I Command a presence.
Clarity
r Knowwhat your purposeis and
your audience'
understand
striveto be logical.Your
ideasshould
makesense'
r Speakclearlyso that you can be heard
and understood'
I Usevisualaids-photographsidiagrams,
charts,models,transparencies,
videos*
to clariffthe pointsyou'remaking'
VoiceTechniquec
r Discover
yourvoiceand embraceyour
uniqueness.
t Do notread.Makeyour delivery
|\;f
srncere
ano persuasrve.
/.sL
r Emphasize
keywordsand usea variety
of voicetechniques
to highlight
importantstatements.
r Usevariationin yourvoiceto announce,
likea headlinein a newspaper,
whenyou
aremovingon to yournextimportant
point.
r Usebody languageselectively
and
deliberately
for emphasis
and transition.
r Speakwith confidence
asthoughyou are
entitledto the outcomeyou seek.
r Paceyourdelivery.Ensurethat your
audiencehastime to hear,understand,
yourevidence.
and appreciate
'36
66
WITHA PURPOSE
SPEAKING
A
dffi-{f-iifriii iiiiiifFrnonrt...
Tooloud
A bully,insensitive
to others,overbearing
Softor quiet
or trembling
Quavering
lndecisive,
not to be countedon or trusted
Mumbles
Nervous,
imprecise
Tooslow
Boring,dull,lazy
Toofast
lmpulsive,
sloppy,impatient,insincere
High-pitched
Adolescent,
unprofessional
Sweetand syrupy
Phony,insincere
Monotone
Depressed,
unresponsive
to ideas
5hrill
lrritating,abusive,
mean
(endinga
Questioning
sentence
with an
invisiblequestionmark)
Constantly
seekingapproval,
attention
Sarcastic
Hard-hearted,disillusioned,difficult
Jerky
Nervous,
suspicious
Nasalor twangy
A complainer,
uncooperative,
a whiner
(Adapted
"Howto MakeYourVoiceWorkfor You.")
fromMarilynBeker,
Skills
Chapter3 Questioning
$prof Qucstlon
Open-ended
questions
Purposc/WhY
r To allow a Personto answer
anyway he or shefeelsis
approPriate
. To makea personmore
relaxed
r To understandthe story of
what haPPened
Whattt SoundrLikr
what
t "Canyoudescribe
happened?a
r "Howdo Youseethings
changing?"
r "Canyou explainto me ... ?"
Narrow/closed-ended
questions
r To seeka sPecificanswer
r To clariff something
Probing/inquiry
(canbe
questions
eitheroPenor closed)
r To understandmotivation
r Questions
canbe
hypothetical
Leadingquestions
(Note:Thequestlon containsthe
answeL)
Either/orquestions
(formof closed-ended
question)
31
r To offer a choicebetween
two options
(Note:TheseryPesof questionscan
be problematic ChoicesmaYbe
relative-Your idea of bald maYbe
different from someoneelset idea')
theY
r "Without Provocation,
attackedYou?'
I "Youvoted for the new
schoolregulationsre dress
code;correct?"
l "Youdldn't askher
did You?'
permission,
r "Did he havea lot of hairor
washe bald?"
r "Do you agreeor disagree?"
r "Do you wantto writethe
test now or duringYour
lunch?"
Reflectivequestiong
(canbe oPen-or
closed-ended
questions)
To mirror em4athetic
listening
To reflectobservation
or clarifo
To summarize
r "Youlook tired?"
r 'You seemagitated?'
r 'Yoursaidyou'dmeet me at
7:00p.m.nearthe front gate'
right?"
Headlinequestions
headline,
Likea newsPaPer
to focusyouraudience's
attentionon the central
issueor Problemthat needs
to be resolved
r "Thecentralissuebeing
debatedis:CanPhYsiciansuicideProtectthe
assisted
vulnerable?"
r "Thequestionis:Howmuch
will this Plancostthe
taxpaYers?"
37
32
SPEAKING
WITHA PURPOSE
Open'Ended
Questions
v
Whenyouaskanopen-ended
question,you'reinvitingthepersonto respond
anywaythat personlikes.The personansweringthe questiondecidesthe
contentand what is relevant.Open-endedquestionsinvite the speakerto
explain,elaborate,
clariff, rationalize,or justifr his or her reasoning.
Example
t "How did youlike themovie?"
r "What happenednext?"
r "Whatleadsyou to that conclusion?"
t "Canyou tell me somethingmore aboutthat?"
Somesituationswhereopen-endedquestionswouldbeeffectivearesuggestedbelow.
EFPectiveUseoPOpen-EndedQaestions
r Investigatingand gathering facts.
Example"Whatis the profit marginon that investment?"
r Getting someoneto open up and relax.
Fxample"Canyou tell me about yourselfand why you appliedfor thisjob?,,
r Clariiring information to understand a sequenceof events.
Example'After the incident,what happened?"
r Defining an issue.
Example"ls the owner liablefor damages?"
r Assessingpersonal feelingsor opinion.
Example"lf you neededa businesspartneryou could trust,whom would
you pick?"
r Understanding a person'smotive or reasoning.
Example"What makesyou think that?"
l{amou/Glosed-Ended
Questione
When you ask narrow or closed-endedquestions,you limit the answer to
specificinformation. Thesequestionsallow very little room for interpretation or elaboration and usually require short, direct answerslike "yes" or
"no." Unlike leading questions,narrow or closed-endedquestions do not
suggestthe answerin the question.
Starting with simple narrow or closed-endedquestions can boost the
confidence of the person you're questioning. The person thinks, "Hey, I
can answerthat one,"and may be more willing to cooperateasyou progress
to more complex or challenging questions.
Chapter3 QuestioningSkills
33
ExomPle
I "How old areYou?"
r "What gradeareYouin?"
r "Areyou relatedto the defendant?"
I "Did you arrivebefore12noon?"
. "W.r. you with him during the break-in?"
Probing/lnquirgQuestions
LeadingQuestlons
31
34
WITHA PURPOSE
SPEAKING
Either/OrQuestions
\,
Better
I What colourwasthe car?
ReFlectiue
Questions
Reflectivequestionsare the mirror of empatheticlistening.They indicate to
the speakerthat you are actively listening and trfng to understand and
appreciatethe person'spoint of view. Although you may ultimately agree
to disagree,reflectivequestioning can communicate a desireto seekan understanding of sharedvaluesand common ground.
Example
r "I hear what you're saylngand I understand why you want to protect
the environment. How can we find a balancebetweenprotecting the
environment and protecting our human resourceswithout increasing
unemployment?"
I "You appear confusedby *y question; may I put it another way?"
I "Your arguments arevalid and your evidenceis compelling. However, . . . "
lleadlineQuestlons
Headline questionsor statementsdefine the key issuescentral to the problem or inquiry. They define the scopeof the argument. Like a newspaper
headline, the question focusesthe audience'sattention on the purpose of
the investigation or the verbal exchange.Debate questions or topics are
sometimes phrased as headline questions.
Example
r "Selling Canada'swater: Is water a commodity?"
r 'What's more beneficial to the global economy-free trade or fair trade?"
r "Should Canadaadopt proportional representation?"
|}
Skills
Chapter3 Questioning
35
TECHilIQUES
QUESTIOIII}IG
Once you know your purpose and understand the different types of questions, you can begin to experiment with sequencing or ordering your questions to achievemaximum impact with your audience in advancing your
argument.
Here are four techniquesof sequencingquestions:
r
r
r
r
TheFunnelTechnique
r. e. Whatbroughtyou heretoday?
me.
A. My neighbourassaulted
shoulder.
7. Q. Anythingelsel
A. A broken finger'"'
8. Q. Whendid this
A. Last FridaY.
9. Q. Canyou tell me Y
A. HannibalLecter!
neighbour'sname?
Technique
TheChronologieal
As its name implies, the chronological technique involves asking a seriesof questions
in order to establishthe sequencein which
certain events occurred. This technique is
often used to construct a story line.
*
4l
36
WITHA PURPOSE
SPEAKING
Example
I "Whendid you gethome?"
I "How do you knowwhat time it was?"
t "Who elsewasthere?"
I "What did you do then?"
TheRapid-FireTechnique
This technique involves asking a seriesof leading or closed-endedquestions. Often used during a rebuttal in a debate or Gross-examinationin a
trial, the speakertakescontrol of the verbal exchangein a confident manner by leading the subject to a predetermined conclusion.
The overall purpose is to challengeand weaken your opponent's argument through a seriesof questions that
r
r
r
r
revealinsufficient evidence
discloseunreliable evidence
discredit the evidence
exposecontradictions or inconsistencies.
Example
r "Didn't you saythat you were the first person to arrive? ... Didn't you
also saythat you didn't have a key to the building? ... So when you
couldn t open the door you broke the window, isn't that true?"
Becareful not to interrupt the speaker.Allow the speakerto answer"yes"
"no"
after eachquestion. Don't rush your delivery by running the quesor
tions together.The audienceneedstime to understand what was askedand
answered.And don't confuse rapid-fire questioning with'shotgunning":
Example
r "Now, Ms. Woods, when you entered the room, what did you see-was
it dark; did you notice the bloodstain on the floor; who entered first?"
Multiple questions can get confusing. It is unclear which part of the
answerrelatesto which part of the question.Avoid this undisciplined habit
of mind and sloppy questioning technique.
Rather,chooseone subject areaor topic to focus on and chunk a logical
sequenceor seriesof relevant questions.Then, move on to the next topic,
and so forth.
Example
r "Describe what you sawwhen you entered the room."
t "Can you tell me what the lighting was like in the room?"
Chapter3 QuestioningSkills
37
Technique
TheShip-Anound
This technique can be used effectivelyduring a debateor a cross-examinaevidenceto
tion in a trial setting. By randomly skipping from one piece of
be unPremay
she
or
he
and
another, you may .orrfura your oPPonent,
sequence.
pared foi the crucial questions at the end of your questioning
inconsistLikewise,the speakermay contradict himself or herself or reveal
argument'
or
enciesin his or her statement
ExamPle
I "So you arrived at the store at six p'm'?"
r *You spent the morning doing homework, is that true?"
t "Was it raining?"
pfewe:
wHEllro QuEsrloll
'..,
ANbWIIENTOSTOP
exchange
Asking a critical question at the appropriate time during a verbal
just
imporas
[t's
.ur, -""k your delivery more persuasiveand compelling.
a-question
tant to know when to stoP questioning' Knowing when to ask
pacing
skillful
requires
topic,
another
to
shift
to
and when to stop, or when
your
achieving
PurPose'
and aitive listening, and is critical to
one
But even the most experiencedperson can get in trouble by asking
of
line
question too many. The following ii an example of how.a successfirl
witnessquestioning-in ihis case'a defencelawyer's questioning of a
questions'
can backfirewith one too many
Example
a.Wherewerethedefendantandthevictimwhenthefightbrokeout?
A. In the middle of the field.
a. WherewereYou?
A. On the edgeof the field.
a. What wereYou doing?
A. Bird watching.
a. Wherewerethe bitds?
A. In the trees.
''
13
38
SPEAKING
WITHA PURPOSE
a. Wereyoulookingat thebirds?
A: Yes.
This would havebeen a good place for the lawyer to stop, and then later
arguethat the witnesscould not possibly haveseenwhat the defendant was
accusedof. But the lawyer askedone more question:
the
nose?
A. I sawhim spit it out.
THEQUESTTOil
+yolDIIIG
The purpose of asking a question is to obtain an answer.However,sometimes people don't want to provide the answer.The following is a list of
techniquesthat people may use to try to avoid answering your question.
You need to be alert and actively listen to the answersyou receiveso that
you obtain the full answerto your questions.
'.,t!'.i;i;i;
,i, i:-t':
TECHNIQUE
WHAT1TLOOKSLIKE...
The non-response
The inadequateresponse
The persontries to evadea direct responseby looking for loopholes in the question,so that the person can claim that he or she
answeredthe question.Make sure that your questionsare clear
and that they aren't open to interpretation.
The irrelevantresponse
The half.response
The misleadingresponse
Skills
Chapter3 Questioning
TOOLKIT
YQUnQUESTIONER'S
The following organizerprovidesan overviewof the questioningmodel,
you canusewhenplanning
typesof questions,andquestioningtechniques
your questions.
MODEL
QUE5TIONING
l.
2.
3.
4.
5.
Think
Know your purpose
Ask relevantquestions
6.
7.
8.
9.
Seekrelevantanswers
Make senseof the
information
Logicalreasoning
(deductive,inductive)
Challengeassumptions/
detect fallacies
lnferences/conclusions
More questions
TOPIC
TYPEOFQUESTION
TECHNIQUE
QUESTIONING
r Open-ended
questions
r Narrow/closed-ended
questions
r Probing/inquiry
questions
r Leadingquestions
r Either/orquestions
r Reflective
questions
r Headline
questions
r
r
r
r
TFIESEQUENCE
OF QUESTIONS
DECIDE
1.
2.
EVIDENCE
PRIORITIZE
1.
3.
4.
5.
2.
6.
3.
7.
8.
4.
9.
5.
Funnel
Chronological
Rapid-fire
Skip-around
10.
i;/
H5
I
I
!
clilnonsnq^
dowf|.
qrd
Wilres:1dcf
Cle|t
hc sbred o d@ of notEulty''
odsd
'8e
Fsbcf
lhs sloct'
cce -to
Cle|t 1 l|]ou slot !,ou tut ncrne lo(lhe coutt pteos? Do ]ou tromb io lel
lhe tnrthc lou krw lt corcertlng lhb md.^b|?CRDo iE{ Fknrdy sr
gil\F v.il ba fE hdh lhe wtufE trultt
thollhe e\dds lou Gobodb
ond ndhhg bith tRdtr s hepyou GodT
ef glglln rftffltli
otlonetG(RbhrlThe Gffi
Crm
JudgE:14 tt Ctm
Judga"bhedeiencGodf'
'tt diErc b ody' lou hoFtr"
Defenc otttssIi
Cbrlc 0o lt 6cusq
(Rbftg)Ys, lottthd$tr''
Crm
Jrdg: loeliha
l. Opcnlr of Couil:
opcnlng slqlment:
!. Cmt
MockTrlol
ccnplglad.
DoslhCtomtm
dyturlhl
Judge:'Ihwtnest nw$lepdo^n,
witns:es?,
os m:
Cb|k octmin&il$oolh ond otthotbn to tts entl lt'y
ttbmnlyild
TreXryw[ilse' Ioi\pu tigft hotr'bod F,ry
1P-ft
b-yotf fhdl ]ou t't
firJ r.i, *l *"1 o,ta dt*y rty-rnt ut91 ttor" b be thn
tlor'e h hmd'
rof'qs
o(
m
Uu'l'"s
l6u
A
reffra spe* orynrE-6 "?t'p*
yur obout thc tdne.but.h cdf ord when\,ou
.no wll ybu et onpnjspeoito
it up h
defvs
unll
lt
sctet
lou
t*" og*d upott otty'saa' irru vril teep
eurf? Do rou d srcs?'
Cro.|{rlotldncFYe3lcurhs|ol[.Wecd'
qlstned?
Judsel'QeGrthe defence rl.qfsrn ap3{|rE
Defffi
Jrrdg:
of d"'|H
dlkxEy
red
C1eft {Fetche3wilnes$ Tlobe \pu dghl hoftd' Do lou
rornf but tr hft rc hF )&7
ttUr"
frL
"na
Wltrtesc1 do-
lvlokeop$no
tary:
fo the sl's4'
dsiffieldi
t. chorglnglhc
rfin6's:
H{c
sd re*es lo de{beulg
C1e&'8e!oted
Jwbrepest
wih$ses?"
h@"
ifttrcrd'
(ncedwilhstdenFntl
rhn$,'
C@moftonryY6,iouf$ndr''{Prccedwilhstotsnenu
hedetendqnl be
lh s'Smissbn
Juctqe:I the Erdctb qtMtg ct gtdt, thlus nrqtsftrEr
ppdt or|d/d o vlcfrFlnpat stdlrrcnl' RttfHtrg9
d o p|+stsru
Bldled lothe
br$5mb*m
Uoir ona GtUottr th Ctm ondttFdeferce
rmbb
h tuiophkn, wdmdihieo
ioiq lerhoJrrdqpwhin
6na cppdrice g*ence fq theonilcted peon. fo cbdq coud\ d be h
@6ld-miubr.
Clert
7. Cloclng orgumnll:
'Oos lhs c|M
to tfF sttd''
Deferpe oticrey Yei yulr horru. we c{t __-'No moE wilmsss you hmu' lh'
Ppces repeqh ttFi untfldeterE sJols
deferca |ests.1
Judge:
lhe
ffi
lcfiedord.'
'fNl
the dtsrlslds'teodr
hirtt