Legal Method

LOGIC AND LEGAL REASONING: A GUIDE FOR sub judice philosophy STUDENTS By Neal Ramee, Class of 2003, © 2002 I consider the invention of the syllogism one and only(prenominal) of the most beautiful, and also one of the most important, made by the human mind. - Gottfried Liebniz 1 In legitimate writing, it is non enough for an filiation to make sense or get the point across. A licit argument must exhibit what your Coursepack refers to as uncreated logic.2 In order to exhibit pristine logic, a legal argument should adhere to the form of the logic syllogism. A syllogism consists of a study come before, a lowly premise, and a conclusion. A study premise usually states a general rule. In legal arguments, this is generally a recital of law. A mild premise makes a factual assertion about a feature person or thing or a pigeonholing of persons or things. In legal arguments, this is usually a statement of fact. A conclusion connects the particular statement in the minor p remise with the general one in the major premise, and tells us how the general rule applies to the facts at hand. In legal arguments, this abut is called applying the law to the facts. Example: To qualify as a citizen of a state for purposes of diversity jurisdiction, a party must (1) before long reside in that state and (2) intend to catch ones trace there indefinitely.

(Major premise; states a rule of law.) Here, the plaintiff does non currently reside in North Carolina. (Minor premise; makes a statement of fact.) Therefore, the plaintiff cannot be a citizen of North Carolina for territorial purposes. (Conclusion; cor rectly applies the law to the facts.) In ! order for a syllogism to be logical, it must be logically impossible for its premises to be true and its conclusion to be false. In other words, a syllogism is reasonable if, given the truth of its premises, the conclusion follows logically much(prenominal) that it, too, must be true. Note that an argument is not valid simply because its premises and conclusion are all true. hit this example: Example:...If you want to get a full essay, order it on our website: OrderCustomPaper.com

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