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Stasis in Legal Terms

Stasis is the basis of the invention. Hermagoras of Temnos, the Greek rhetorician, discovered and ranked four key departments of stasis. They are: Also known as: stasis theory, problems, status, constitution The theory of stasis is a four-question process developed in ancient Greece by Aristotle and Hermagoras. Later, stasis was refined by Roman rhetoricians such as Cicero, Quintilian, and Hermogenes. Working through the four stasis questions promotes knowledge acquisition, which is important for research, writing and teamwork. Stasis theory helps authors perform critical analyses of the issues they are studying. Just as the question of presumption is resolved by the presentation and examination of the evidence, so is the final question. The prosecution called witnesses who testified that they saw the accused drinking heavily in a bar on the afternoon of the sinking. The defendant is a licensed alcoholic with a history of impaired driving. In addition, the defendant was arrested an hour after the wreckage for an illegal lane change and a 0.25 exploded. The defense lawyer stares at the client.

Note: In relation to the theory of stasis, the six journalistic questions (1) Who? (2) What? (3) Where? (4) When? (5) Why? (6) How? Lawyers also go through a similar knowledge acquisition process known as the RAIC: (1) problem; (2) the rules; (3) Application; (4) Conclusion. To define stasis or the meaning of stasis, it is sufficient to refer to the rhetorical procedure used to discover the real problem (or its point) in an argument or debate. The first status quo, the question of conjecture, has been resolved. Cameron`s owner was responsible for the destruction of the other car. So the question is: were the driver`s actions accidental or criminal? The prosecution alleges that the driver committed homicide while driving under the influence of alcohol. The defence argues that the driver was merely employed and negligent. Most of those who oppose the legalization of abortion propose as their main argument the assertion: in addition to laying out the questions that should be asked and the order in which they should be asked, the theory of stasis also offers a method of thinking. If something is evaluated (positively or negatively), then everything that is similar can be evaluated in the same way. Anything bigger can be valued higher. The opposite should be evaluated in the opposite way. If something is valued, then it must exist or its existence is undeniable to the people who value it. This is how the first stop or problem becomes: the driver of the Camaro was/was not responsible for the wreckage of this car.

(One result consists of two opposite answers to the same question.) When we encounter an argument, whether it`s a newspaper article, a scientific article, or listening to a TV debate, stasis theory can help us understand what the central issue is. Similar to how the steps of stasis theory were applied to the legal realm of ancient Greek, it encourages writers to investigate and determine: The prosecution claims that, based on the evidence presented in the second stasis, this is a flagrant act committed by a man who must be severely condemned for his history of drunk driving and addiction. The defense argues that the man was successfully treated, but the night before the accident, his wife left him. He was drunk and when the accident happened, he went home to confront his wife, who, as his best friend had told him, was packing everything they owned into a moving truck at the time. Problems abound in all aspects of life, but they are not always easy to define, let alone solve. Things are made even more complex by the fact that problems can be composed (a complex of several disagreements). Ancient rhetoric proposes the theory of stasis as a heuristic (Gk. for the invention of the L-word.) or as methods for discovering disagreements and as a systematic method for resolving them. By far the most common heuristic is forensic stasis, which is used in courts where the purpose of reasoning is to find out what happened in the past.

A lesser known is deliberative immobility, where the goal is to decide what to do in the future. The third is epideictic or ceremonial, where the purpose is to praise or rebuke a person or set of beliefs. The rhetorical tradition tends to offer forensic stasis as a paradigm for all occasions. But the method of invention used can influence what is invented, and therefore some attention must be paid to the purpose of the discourse. Otherwise, a phenomenon called asystasia may occur, a disagreement that is annoying beyond resolution. There are four asymmetrical controversies: if a court is faced with a legal dispute, if a previous court has ruled on the same issue, or on a closely related issue, the court will make its decision in accordance with the decision of the previous court. The court which ruled on the previous instance must be binding on the court; Otherwise, the previous decision is only convincing. In Kimble v. Marvel Enterprises, the U.S.

Supreme Court has described the reasoning behind stare decisis as «promoting the balanced, predictable, and consistent development of legal principles, promoting the use of judicial decisions, and contributing to the real and perceived integrity of the judicial process.» This resource provides an overview of stasis theory and what you can do with it to help you research, write papers, and work as a team. In contrast, those who support this abortion should use the following as their main argument: The most famous reversal to date, Schultz notes, is 1954 Brown v. This decision overturned the separate but identical doctrinal judgment of Plessy v. Ferguson in 1896, which supported racial segregation. If the Court quashes Roe v. Wade, the 1973 decision that legalized abortion, Dobbs v. Jackson Women`s Health Organization could be the next big deal to deviate from the Stare Decesis. The decision is expected in June 2022. Stasis is a fundamental resource of invention. The Greek rhetorician Hermagoras of Temnos identified four main types (or subdivisions) of stasis: It is also important to stop with the topic you are studying.

In other words, if you`re trying to solve the parking problem on your campus, there`s no point in suggesting students quit smoking. The solution has nothing to do with the problem at hand (does not reach stasis with it). Stare decisis is a legal doctrine that requires courts to follow historical cases when deciding a similar case. Stare decisis ensures that cases with similar scenarios and facts are approached in the same way. Simply put, it requires courts to follow precedents set by previous decisions. While it is important to follow this order to the letter, the categories can be divided into subcategories to reduce the burden. Below is an example of how stasis categories can be divided into specific questions to increase teamwork efficiency and facilitate the research and writing process. Given that the theory of stasis, at least based on its Greek roots, focused largely on crime, punishment, and the pursuit of justice, how does it relate to the writing process? Let us return to the question of legalizing abortion. Impasse means that the parties involved in a dialogue on a particular issue have reached (or have agreed) consensus on information and conclusions at one or more of the stages. In ancient Rome, if the disputing parties did not agree with the information presented in one of the stases, the dispute ceased (arrest) and the plaintiffs tried to agree on the disputed information (to reach a status quo or to find common ground). For an example of how team members can work toward stasis, see Stasis Theory for Teamwork.

The four basic stasis categories can be divided into a series of questions and subcategories to help researchers, writers, and people working together in teams build information and write papers. Stasis also helps people agree on conclusions, and they help identify where people disagree. Here are stasis and some questions you can ask to help you research, write, and work on problem solving: In classical rhetoric, stasis is the process of first identifying the central issues in a dispute and then finding arguments that can be used to effectively resolve those issues. Plural: staseis. Also called stasis theory or stasis system. These four basic stasis categories can be divided into a number of different questions and subcategories to further help authors, researchers, and those working in groups compile information, gain knowledge, improve communication, and draw valid conclusions.

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