1) n. a written legal argument, usually in a format prescribed by the courts, stating the legal reasons for the suit based on statutes, regulations, case precedents, legal texts, and reasoning applied to facts in the particular situation. … 2) v. to summarize a precedent case or lay out in writing a legal argument.
The five types of argument are therefore text, intent, precedent, tradition, and policy.
Argumentation plays an important role in the Law. Someone who presents a legal thesis is expected to put forth arguments to support it. A lawyer who brings a case to court must justify his or her case with arguments. The judge who takes a decision is expected to support this decision with arguments.
Forms of legal reasoning are the methods that lawyers use to apply laws to facts in order to answer legal questions. … When the meaning of a legal rule is ambiguous, lawyers use legal reasoning to argue for the interpretation that they find most convincing or that is most favorable to their client.
State your theme immediately in one sentence. Tell the story of the case without argument. Persuasively order your facts in a sequence that supports your theme. Decide whether to address the bad facts in the opening or not.
The words debate and discuss are common synonyms of argue.
2 attorney answers
Example of a question of law (up to the judge or judiciary to decide): If a man shot at another man (who was in his backyard and had raped his wife earlier that evening), but hit a neighbor child and killed her when his bullet did not find its true…
Have at least three sentences but no more than six. You want your introduction to be just that, an introduction. It should start your essay off with a bang. Grab their attention, explain what your essay will be about, and then get into the essay.
Like any HSC subject, it involves hard work — but hard work in the form of copious amounts of readings per week, a lot of writing (the most out of all HSC subjects) and intense memorisation. If you can’t take on stacks of readings and analytical writing, Legal Studies might not be for you.
As you may know, arguments are a fundamental part of the law, and analyzing arguments is a key element of legal analysis. Each Logical Reasoning question requires you to read and comprehend a short passage, then answer one question (or, rarely, two questions) about it. …
There are a number of claims that arise from this tradition’s adherence to rationality: (1) legal reasoning is reasoning with rules; (2) all legal conclusions are derived from legal rules; (3) law is rational because judges can articulate the law by means of general rules; and (4) the rule of law is the position that …
Case Law also states that when a judge acts as a trespasser of the law, when a judge does not follow the law, he then loses subject matter jurisdiction and the Judges orders are void, of no legal force or affect.
Opposite of to cause (someone) to agree through arguments or earnest requests. dissuade. discourage. disincline. deter.
A person with oppositional conversational style is a person who, in conversation, disagrees with and corrects whatever you say. He or she may do this in a friendly way, or a belligerent way, but this person frames remarks in opposition to whatever you venture.
Legal issue or issue of law is a legal question which is the foundation of a case. It requires a court’s decision. It can also refer to a point on which the evidence is undisputed, the outcome of which depends on the court’s interpretation of the law.
1 The term ‘legal problem’ is used throughout this paper for easy reference to a problem that is ‘justiciable’ in that it raises legal issues with the potential for legal resolution, regardless of whether the respondent recognised this or took any action involving the justice system (cf. Genn 1999).
affidavit – A written statement of facts confirmed by the oath of the party making it. Affidavits must be notarized or administered by an officer of the court with such authority. … Appeals can be made for a variety of reasons including improper procedure and asking the court to change its interpretation of the law.
A case study involves a detailed intensive study of a unit. A case study can be of a person, a group or a social phenomenon. Usually, case study is used to determine factors leading to the success or failure of an organization. …
Briefs are the written documents in which the attorneys in a case present their legal arguments to the court. … Doing so can sometimes help one to better understand the reasoning behind the court’s decision in the case, as well as the arguments on both sides of the issues before the court.