Академический Документы
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OF LEGAL
REASONING
Essential Components
1. FACTS
2. ISSUE
3. RULE
Other Component
1. ANALYSIS
2. CONCLUSION
FACTS
-Main plot of the argument
-narrating the points to be
considered in an argument
- only material facts are needed to
satisfy the rule in arguments.
ISSUE
-any matter of controversy or
uncertainty
-Statutes
-Ordinances
-Jurisprudence (if necessary)
According to Richard Neumann
(published of 5th ed. Of Essential
Lawyering; and Professor of
Hofstra Law), there are three
parts of rule:
First, “a set of elements, collectively
called TEST”
Sec. 1. Who may file petition. — Any person interested in any act,
event, order or decree concerning the civil status of persons which
has been recorded in the civil register, may file a verified petition for
the cancellation or correction of any entry relating thereto, with the
Regional Trial Court of the province where the corresponding civil
registry is located.
There is no doubt that the prior spouse has a personal and material
interest in maintaining the integrity of the marriage he contracted and
the property relations arising from it.
EVALUATING LEGAL
REASONING
TWO GENERAL CRITERIA:
1. TRUTH
2. LOGIC
TRUTH
-presentation of the facts which
pertains to the question of truth
It is necessary for the conclusion
of legal argument to be grounded
on factual basis, for if premises
that are meant to establish the
truth of the legal claim is
questionable.
LOGIC
- interference (deriving the legal
claim or judgment given to the
laws and facts) which pertains to
the question of logic
- The connection between the
facts and the rule must be
logically coherent that the
movement from the facts to the
analysis and to main claim must
be valid