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Think like a lawyer. This one was so simple, it never made it to court

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Presentation on theme: "Think like a lawyer. This one was so simple, it never made it to court"— Presentation transcript:

1 Think like a lawyer. This one was so simple, it never made it to court
Think like a lawyer! This one was so simple, it never made it to court. You’ll have three minutes to come up with the advice or argument that would keep this from heading to court. No talking or cheating. Critical thinking

2 The Case Bob arrived at his attorney’s office and presented him with the following complaint. "I bought a well from my neighbor, a local farmer," said Bob, "and now he wants me to pay for the water. He claims that he sold me the well but not the water and that if I don’t begin paying him, he’ll sue me in court.” After a moment of thought, the lawyer told Bob how to respond to the farmer. Bob called his attorney later in the day and reported his neighbor dropped the complaint on the spot. What did the attorney have the farmer say to his neighbor to get him to so quickly drop the complaint.

3 The Advice Bob went back to his neighbor and immediately said, “Ok, I will acknowledge that the water belongs to you and I only own the well….however, since the well belongs to me and you are storing your water in my well, I will expect you to begin paying rent to store your water in my well.” The farmer realized that he was outwitted. He quickly apologized and gave up his claim.

4 I can analyze a text to determine the pros and cons of an issue.
I can develop at least two possible positions I could take on the issue. Goals for the Day

5 Understanding the Rhetoric of Synthesis
Kenneth Burke’s “parlor” metaphor Imagine that you enter a parlor. You come late. When you arrive, others have long preceded you, and they are engaged in a heated discussion, a discussion too heated for them to pause and tell you exactly what it is about. In fact, the discussion had already begun long before any of them got there, so that no one present is qualified to retrace for you all the steps that had gone before. You listen for a while, until you decide that you have caught the tenor of the argument; then you put in your oar. Someone answers; you answer him; another comes to your defense; another aligns himself against you, to either the embarrassment or gratification of your opponent, depending upon the quality of your ally’s assistance. However, the discussion is interminable. The hour grows late, you must depart. And you do depart, with the discussion still vigorously in progress.

6 Open to - sgap.org

7 Issue 1 – OffShore Drilling in the U.s.

8 Before Reading – Fill in the Question, What you know about the Topic, and What your answer to the question is right now.

9 Read Silently the Issue and The controversy

10 What do those for and Those against Say?

11 What is the Background and the Conflict?
1. What has happened so far? 2. Why have these things happened? 3. What has made this a conflict? 4. What do those for and against say? 5. What inferences can I make about the issue? 6. Do I know anything else about this issue that may not be state here? What? 7. Is there anything else this is similar to that might help me understand it better? 8. What questions do I still have about this issue?

12 Developing a position Take a few moments and consider what your position on this issue is? Write down possible claims you might consider at this point. It’s okay to have multiple positions or mixed feelings right now. Consider your options. It’s okay to be torn. Write separate claims that capture both sides of what you’re feeling. PLEASE KEEP THIS PAPER – DO NOT LOSE IT!!!

13 What’s the process so far?
1. What’s the issue? 2. What’s the question? 3. What background information do I have? 4. What is the conflict and what’s causing it? 5. What do those for and against say? 6. THINK through everything and determine what positions could be taken on this issue?

14 Try in Small Groups

15 Read silently first, then move through the Process
1. What’s the issue? 2. What’s the question? 3. What background information do I have? 4. What is the conflict and what’s causing it? 5. What do those for and against say? 6. THINK through everything and determine what positions could be taken on this issue?

16 What is the Background and the Conflict?
1. What has happened so far? 2. Why have these things happened? 3. What has made this a conflict? 4. What do those for and against say? 5. What inferences can I make about the issue? 6. Do I know anything else about this issue that may not be state here? What? 7. Is there anything else this is similar to that might help me understand it better? 8. What questions do I still have about this issue?

17 Let’s Share – What positions could We take?

18 Vocabulary Quiz #23 on Friday
Take one of your two exam essays and revise it so that you have no punctuation, grammar, or spelling errors. If you are uncertain about a rule, put a comment next to the sentence and write a question about specifically what you’re wondering about.


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