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Legal Technique and Logic
To win in a court, you must master the elements of legal
logic- the ultimate tool of persuasion in the courtroom 1
One of the primary weapons of an effective lawyer is their
ability to construct persuasive and credible Arguments. It will
be effectively used if one understands and is well versed in
the principles of Logic and Legal Reasoning.
Logic is the study of principles and methods of good
reasoning. It is a science of reasoning which aims to
determine and lay down the criteria of good and bad
reasoning.2 The purpose of logic is to probe into the
fundamental concepts of argument, interference, truth, and
falsity. By the help of logic, ideas will be clarified, criticize the
credibility of different arguments to be encountered, defend
and justify different arguments and most importantly make
rational and sound decisions.
1 Aldisert, Ruggero J., Logic for Lawyers: A Guide to Clear Thinking. (NITA, 2001).
2 Aquino, David and Evangelista, Francis, Legal Logic. (Central Book Supply Inc., 2015).
3 Supra at 2.
and
acceptable.
In
Logic,
arguments
are
be
distinguished
because
unlike
arguments,
claim.
Although
both
arguments
and
6 Supra at 2.
7 Supra at 2.
8 Supra at 2.
are
also
often
confused
with
9 Supra at 2.
The
purpose of
legal
reasoning
and
making
10 Supra at 2.
exception that the present of which would defeat the result even
if the elements were complete. It is noteworthy to take in mind
that the existing rule governing the issue should be specifically
cited. Judges, in deciding an issue is guided by rules in order to
render a sound decision.
Another essential component is the Fact. The fact should
be complete but only material and relevant facts are to be
considered. Facts should fit the elements of the rule. One could
make a credible rule if the facts would cover the elements of a
rule. In order to make sound reasoning, the facts should not be
one sided. One should be able to determine the facts the
prosecution will present and the one the defendant would
present. One should be able to refute the in order to have a
greater chance to win a case.
The last component of Legal Reasoning is Analysis. One
must be able to criticize or determine if the rule that will be
applied is fit to the facts at hand.
The last thing to be discussed and the most important is
how to distinguish credible reasoning from bad reasoning.
There are two essential criteria to ascertain this. The first is the
13 Supra at 2.