Judicial oratory is used to attack or defend a case or person. It has certain specific requirements.
Quintilian, and J.S. Watson. Institutes of Oratory.Edited by Lee Honeycutt, 2010. Kindle Electronic Edition. Book III Chapter 9.
In this chapter Quintilian discusses judicial oratory, the process of attack or defense. “The divisions of it, as most authors are of opinion, are five: the exordium, the statements of facts, the proof of what we advance, the refutation of our adversary, and the peroration” (Quintilian III.9.1). Some teachers have subdivided the tasks more. Aristotle includes refutation as part of proof, a practice Quintilian refuses (Quintilian III.9.5). To prepare a speech, Quintilian says, “we ought to consider, before everything else, of what nature the cause is; what is the question in it; what may profit or injure it; next, what is to be maintained or refuted; and then, how the statement of facts should be made” (Quintilian III.9.6). The order of composition, however, should be the same as the order of presentation, thus insuring clarity (Quintilian III.9.9).
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