CLAIMS IN PROPOSITION • Claims are the inherently vital points affirmed by the affirmative and denial by the negative • Points to consider: 1. Claims are inherent in a proposition - Every proposition contains a claim 2. Claims are vital points - They serve as the foundation or structure of the proposition ; the establishment of the proposition depends on them 3. Claims are those affirmed by the affirmative and denied by the negative - They are the cause of the exchange of intellectual blows between disputants • The crime of adultery consists of three elements. These elements are claims that the complainant must prove and which the defendant will disprove or demolish. Unless the elements or claims of adultery are proven with sufficient evidence, the case will be dismissed on the basis of lack of evidence. The case of adultery will prosper on proving beyond reasonable doubt these elements or claims. • Elements of Adultery 1. The woman is married, 2. The woman has sexual intercourse with a man not her husband, 3. The man with whom the woman has sexual intercourse , must know her to be married. • Elements of forcible abduction: 1. The person abducted is any woman, regardless of her age, civil status, or reputation, 2. The abduction is against her will, 3. The abduction is with lewd designs. KINDS OF CLAIMS • Potential claims - Are inherently vital points contained in the proposition that the debaters should discover , discuss, and establish to come out with a strong case. • Stock claims - Are always involved in a proposition of policy - These stock claims are necessity, beneficiality, and praticability STOCK CLAIMS • Necessity - Requires that the proposed policy or measure are extremely needed given the present situation or condition. • Beneficiality - Requires that the proposed policy or measure will benefit the intended subjects or people • Practicability - Suggests that the proposed policy or measure is possible of fulfillment considering moral, social, cultural, economic, and political environment RESOLVED THAT, JUETENG BE LEGALIZED SUPPORT • Support consists of evidences and motivational appeals to prove the truth, validity, or wisdom of the claims and consequently establish or disprove the main proposition. • Without support claims are meaningless and unbelievable EVIDENCE • EVIDENCE in the legal parlance refers to ‘’all the means by which any alleged matter of fact, the truth of which is submitted to investigation at judicialtrial, is established or disproved.” • In ordinary sense, evidence pertains to ‘’something that tends to prove.’’ • Evidence is constructive or destructive TYPES OF EVIDENCE • Facts - Factual evidences are expressed in (1) examples and (2) statistics - Examples could either be (1) categorical and (2) hypothetical • Opinions - Opinions are basically interpretations of facts by the debater himself or by quoting the interpretation of an expert on the subject matter. - Opinions are classified into three: 1. Causal Connection 2. Prediction 3. Solution-making MOTIVATIONAL APPEALS • Motivational appeals aim to persuade the audience to act in accordance with the wish of the speaker. • To move the audience towards the speaker’s cause, he must appeal to their: 1. Needs 2. Values EVALUATION OF FACTUAL EVIDENCE • Is the evidence relevant? Are the facts given in evidence connected or related to the claim to be proved? • Are the evidence adequate enough to establish and prove the claim? • Is the evidence credible or has the quality that will make it believable? Is the evidence up to date? • Are the examples representative of the whole? • Are the examples in conformity with human experiences? EVALUATION OF STATISTICS •Is the statistics up to date? Relevant? Credible? •Are the comparisons being shown by statistics between comparable things? •Has any statistical information been suppressed? EVALUATION OF OPINIONS
•Is the opinion relevant to the claims?
•Is the source of the opinion an expert or specialist on the subject? •Is the source of the opinion biased or prejudiced? Is he credible? •Is the opinion sufficient to prove the claims? EVALUATION OF APPEALS
•Are the appeals relevant to the
claims? •Are the appeals decent and proper? •Is the evidence related to the needs and values of the audience?