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THINK LIKE A LAWYER
Protocol 0.4

Absence Taxonomy

“Missing evidence” is never a single bucket. Every absence is classified.

Absence classes

Class
SHOWN NOT TO EXIST
Definition
an affirmative source says so (quote it).
Class
REFERENCED BUT NOT PRODUCED
Definition
a produced item cites it (quote the reference).
Class
EXPECTED FROM THE EVENT
Definition
a stated policy, practice norm, or record entry creates the expectation (cite the norm; MODEL-PROPOSED norms never support spoliation characterizations).
Class
SPECULATIVE
Definition
could exist; no anchor. Investigation lead only.
Class
NOT LOCATED IN REVIEWED MATERIALS
Definition
a statement about the review, not about the world.
Class
NOT ASSESSABLE — COVERAGE
Definition
the manifest shows gaps that could contain it.

Prohibited inference

“not found in reviewed materials” may never be restated as “does not exist.”