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  • Print publication year: 2019
  • Online publication date: September 2019

Chapter 8 - Attack and Defense


The case represents what its advocate believes are the strongest arguments for the claim (usually an explicit or implicit resolution) that the advocate has undertaken to defend. If the selection and arrangement choices described in Chapter 7 have been made with care, there will be a prima facie case – one that seems persuasive at first glance, before anything is said against it. But a prima facie case will not lead an opponent simply to concede on hearing its first presentation. Rather, the burden of rejoinder discussed in Chapter 3 will come into play. The opponent will try to marshal claims and evidence that will either deny the resolution outright or at least raise sufficient doubt about it that the original advocate will need to strengthen the case beyond its first presentation. The burden of rejoinder will continue to move back and forth between the advocates until one is convinced by the other or, more often, until a neutral third party renders a decision in the dispute.