How do lawyers structure arguments?

Asked by: Prof. Tobin Gerhold  |  Last update: December 14, 2023
Score: 4.5/5 (38 votes)

Lawyers base their arguments on rules, analogies, policies, principles, and customs. Rule-based reasoning relies on the use of syllogisms, or arguments based on formal logic. A syllogism consists of a major premise, a minor premise, and a conclusion. This structure is explained in the Scalia and Garner reading.

How do you structure a legal argument?

They all boil down to the same thing:
  1. Issue: Lay out the legal issue or question at hand in the facts.
  2. Rule: Determine the governing law or statute for the issue.
  3. Application/Analysis: Show how the rule applies to the facts of your case.
  4. Conclusion: State what the outcome of the issue would be based on your analysis.

How do lawyers argue so well?

Lawyers stick with the topic. Subjective opinions are not objective facts. No matter what strategies the opposing side uses to distract you from the main issue, or how tempting it is to draw in other connections, a good lawyer always brings the argument back to the original point.

What are the methods of legal argument?

Law is based upon legal text, the drafters' intent, judicial precedent, the traditions of the people, and (hopefully) sound policy. The five types of argument are therefore text, intent, precedent, tradition, and policy.

What type of logic do lawyers use?

Formal Logic: o Formal: deductive; concerned with the structure of an argument, its validity. § In law, normally moves from the general to the specific in the form of a categorical syllogism. § The conclusion of a valid formal argument follows necessarily from its premises.

Harvard negotiator explains how to argue | Dan Shapiro

36 related questions found

What are the 4 types of logic?

The four main types of logic are:
  • Informal logic: Uses deductive and inductive reasoning to make arguments.
  • Formal logic: Uses syllogisms to make inferences.
  • Symbolic logic: Uses symbols to accurately map out valid and invalid arguments.
  • Mathematical logic Uses mathematical symbols to prove theoretical arguments.

What are the four laws of logic?

The Law of Identity; 2. The Law of Contradiction; 3. The Law of Exclusion or of Excluded Middle; and, 4. The Law of Reason and Consequent, or of Sufficient Reason."

What are the 5 ways to argue?

Five Ways (Aquinas)
  • the argument from "first mover";
  • the argument from universal causation;
  • the argument from contingency;
  • the argument from degree;
  • the argument from final cause or ends ("teleological argument").

What are the 4 styles of argument?

Different Types Of Arguments: Deductive And Inductive Arguments
  • Type 1: Deductive Arguments.
  • Type 2: Inductive Arguments.
  • Type 3: Toulmin Argument.
  • Type 4: Rogerian Argument.

What are the 4 approaches to argument?

Toulmin boils argument down into four basic parts: claims (clear, defensible, controversial statements), data or evidence (answers the question, “What makes you say so?”), warrant and backing (answers the question, “So how does that evidence support your claim?”), and counterarguments (which are dealt with through ...

What is the hardest thing for a lawyer?

However, many lawyers find the hardest part of their jobs involves dealing with their clients.
  • Overzealousness. Lawyers often must deal with arm-chair attorneys -- the clients who believe they know more about the law than the licensed attorney they hired to represent them. ...
  • Moral Dilemma. ...
  • Interpretation. ...
  • Fees.

How do you argue like a professional?

Our pro tips on how to argue better
  1. #ModernRelationships. Everyone argues, but not everyone argues well. ...
  2. Try to stay calm. ...
  3. Don't retaliate. ...
  4. Listen actively and patiently. ...
  5. Speak for yourself. ...
  6. Speak clearly. ...
  7. Focus on points you can agree. ...
  8. Try to see why their solution makes sense to them.

Is being a lawyer like debating?

Lawyers debate with one another, working to secure the best possible outcome for their clients. They use the circumstances of the case and past legal precedents to make their arguments. For example, a defense lawyer may debate a prosecutor over the innocence of their client who was accused of a crime.

How do you layout an argument?

If you're interested in writing an effective argument, here are eight steps you can take:
  1. Decide what you're arguing. ...
  2. Outline your ideas. ...
  3. Write an introductory paragraph. ...
  4. Construct your body paragraphs. ...
  5. Include additional information to support your argument. ...
  6. Produce a thoughtful conclusion. ...
  7. Cite your sources.

What is the basic argument format?

An argument can be broken down into three basic parts: the conclusion, the premises, and the assumptions. THE CONCLUSION The conclusion (or theses) is the point of the main idea of the argument--what the author is trying to prove.

What is the structure of a successful argument?

At its core, an argument consists of a conclusion and one or more premises, or claims. The conclusion is what the communicator wants his or her audience to accept, and the premises are the reasons for believing the conclusion to be true.

What are the three argumentative techniques?

Aristotle postulated three argumentative appeals: logical, ethical, and emotional. Strong arguments have a balance of all of three, though logical (logos) is essential for a strong, valid argument.

What are the 6 key elements of an argument?

Toulmin, the Toulmin method is a style of argumentation that breaks arguments down into six component parts: claim, grounds, warrant, qualifier, rebuttal, and backing.

What is the 3 step argument approach?

Toulmin identifies the three essential parts of any argument as the claim; the data (also called grounds or evidence), which support the claim; and the warrant. The warrant is the assumption on which the claim and the evidence depend.

What are 3 things not to do in an argument?

Here are eight things you should never do during an argument with your spouse.
  • Never take your focus off the problem at hand. ...
  • Never listen to argue your point. ...
  • Never say words like “never” or “always.” ...
  • Never bring up old stuff. ...
  • Never call names. ...
  • Never throw around the word “divorce,” also known as the “D” word.

How do narcissists fight?

Arguing with a narcissist can be extremely difficult — people with narcissistic personality disorder (NPD) feel very little empathy for others and are often manipulative. They may use tactics like turning the blame on you, gaslighting you, and resorting to disrespectful behavor.

How do you win an argument with a narcissist?

So, how do you argue with a narcissist?
  1. `Choose your battles.
  2. Keep your voice calm and stay composed.
  3. Don't defend or explain yourself.
  4. Hold on to your reality.
  5. Keep bringing it back to the original thread.
  6. Don't bring up old grievances (even when they do).

What are the three laws of thinking?

Abstract. The rules of logic are nearly 2500 years old and date back to Plato and Aristotle who set down the three laws of thought: identity, non-contradiction, and excluded middle.

What are the three logical absolutes?

There are three laws upon which all logic is based, and they're attributed to Aristotle. These laws are the law of identity, law of non-contradiction, and law of the excluded middle. According to the law of identity, if a statement is true, then it must be true.

What is the first rule of logic?

laws of thought, traditionally, the three fundamental laws of logic: (1) the law of contradiction, (2) the law of excluded middle (or third), and (3) the principle of identity.