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COMPONENTS

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

-point in dispute, in doubt, in


question or simply up for
discussion or consideration
In law, it pertains to the legal
matter not just any controversy
question.

The significance of the argument


depends on the very issue the
argument is addressing.

Note that issue of the argument is


different from the topic
RULE
citing the legal basis

-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”

Second, “a result that occurs when


all the elements are present (and the
test is thus satisfied)

Lastly, “a causal term that


determines whether the result is
mandatory, prohibitory,
discretionary or declaratory”
ANALYSIS
- linking between facts and rule

- assessing whether the material


facts fit to the rule
CONCLUSION
- implication of applying the rule
to the facts

- ultimate end of the legal


argument
SAMPLE CASE:
Fujuki vs Marinay GR no. 196049
Petitioner Minoru Fujiki (Fujiki) is a Japanese
national who married respondent Maria Paz
Galela Marinay (Marinay) in the Philippines on
23 January 2004. The marriage did not sit well
with petitioner’s parents. Thus, Fujiki could not
bring his wife to Japan where he resides.
Eventually, they lost contact with each other.
In 2008, Marinay met another Japanese, Shinichi Maekara
(Maekara). Without the first marriage being dissolved,
Marinay and Maekara were married on 15 May 2008 in
Quezon City, Philippines. Maekara brought Marinay to
Japan. However, Marinay allegedly suffered physical
abuse from Maekara. She left Maekara and started to
contact Fujiki. Fujiki and Marinay met in Japan and they
were able to reestablish their relationship. In 2010, Fujiki
helped Marinay obtain a judgment from a family court in
Japan which declared the marriage between Marinay and
Maekara void on the ground of bigamy. On 14 January
2011, Fujiki filed a petition in the RTC entitled: “Judicial
Recognition of Foreign Judgment (or Decree of Absolute
Nullity of Marriage).”
Issue:
Whether a husband or wife of a
prior marriage can file a petition
to recognize a foreign judgment
nullifying the subsequent
marriage between his or her
spouse and a foreign citizen on
the ground of bigamy.
Rule:
The recognition of the foreign divorce decree may be made in a Rule
108 proceeding itself, as the object of special proceedings (such as
that in Rule 108 of the Rules of Court) is precisely to establish the
status or right of a party or a particular fact.”Rule 108, Section 1 of
the Rules of Court states:

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

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