Trial Technique and Evidence¶
Fontham, M. R. Trial Technique and Evidence.
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Primes¶
- Enthymeme
- The legal parallel: a prosecutor's closing leaves "a reasonable person would have stopped" unstated for the jury to supply from shared moral common sense, while the bench memo to the judge must state every premise because the judge's assumption base is professional, not folk.
This sourceNational Institute for Trial Advocacy (NITA). Trial-advocacy text on jury persuasion and closing argument, covering how advocates frame arguments around inferences a jury will draw from shared common sense — supporting that advocacy leaves load-bearing premises (the reasonable-person standard) for the jury to supply.
- The legal parallel: a prosecutor's closing leaves "a reasonable person would have stopped" unstated for the jury to supply from shared moral common sense, while the bench memo to the judge must state every premise because the judge's assumption base is professional, not folk.
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Registry ID ref:267132aaed5c · see in the full table