@McTag,
Quote:OmSig: Defendant was convicted
of murder on the basis of testimony from a witness
who said "yes" when asked whether it was NOT a fact
that he saw defendant shoot decedent.
Quote:McTag replied: That seems silly to me. Only in America.....
"It is a fact, is it not, that......"
The expected/correct answer is "yes". The judge did not understand the English language. The defence counsel should have been shot.
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"It is a fact, is it not, that you saw [the] defendant shoot [the] decedent?"
I think this stands as a grand example, McTag, of the speciousness of using "correct" in remarking on these issues. When English speakers use a negative question like this, they do expect agreement with their idea, which would, as you say, be a 'yes'.
So the 'expected' answer is 'yes'.
The question,
"It is a fact, is it not, that you saw [the] defendant shoot [the] decedent?"
holds the same meaning [to sane English speakers] as,
"It is a fact that you saw [the] defendant shoot [the] decedent?"
You, of course, as a sane English speaker, already know this.
'correct' doesn't enter the picture because, just as it is in all language situations, context will determine what the answer is. If the respondent doesn't agree with the IDEA found within the question, the answer will be 'no'.
OmSig is so out to lunch with his crazy ideas of logic as regards language. The notion that some New York lawyers or judges decide the logic of language is as ludicrous a notion as a bunch of prescriptivists doing the same.
Just how out to lunch Dave is, is shown in his analysis. Reporting accurately the speech/question that the lawyer asked would not yield,
Defendant was convicted
of murder on the basis of testimony from a witness
who said "yes" when asked whether it was NOT a fact
that he saw defendant shoot decedent.
That wasn't what was asked in the original question. The negative is glossed by sane English users as a negation of whether it ideas was a fact or not. The negation is a form of grammatical structure which we use to seek agreement with a statement.
An accurate report of that speech, again from a sane human being, would be,
Defendant was convicted
of murder on the basis of testimony from a witness
who said "yes" when asked whether it was a fact
that he saw defendant shoot decedent.
The reason that this is an accurate report is because that was what was asked in both forms of the question above, in red.
"It is a fact, is it not, that you saw [the] defendant shoot [the] decedent?"
is not grammatically different from the simple question,
It's a fact, is it not, that apples grow on trees?
which is no different in meaning than,
Apples grow on trees, don't they?
A speaker will choose negative tags because that speaker seeks to elicit a 'yes'.
Apples don't grow directly in the soil, do they?
A speaker will choose positive tags because that speaker seeks to elicit a 'no'.
You were right, at least partially when you jokingly said, "Only in America". These types of silly ideas have long been propagated by US sources by dint of its huge size and overbearing influence.