Questions and Answers
What is the primary concern of a legal advocate when formulating arguments for a case?
Which characteristic distinguishes a legal advocate from a philosopher in their approach to arguments?
Why is the choice of arguments limited for a legal advocate?
What would be an inappropriate initial question for an advocate facing a legal challenge?
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In the context of legal advocacy, what role does specific party representation play?
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How does the structured nature of legal arguments benefit an advocate?
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What is a fundamental question an advocate must address before formulating an argument?
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What can be said about the syllogisms used in legal advocacy?
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Study Notes
Legal Argument Formulation
- Legal arguments should be structured like syllogisms but determining their content requires strategic thinking.
- Advocates cannot explore every possible combination of premises and conclusions; practical constraints guide their choices.
Contextual Constraints
- Legal advocacy is context-driven, arising from specific cases with particular parties seeking judicial relief.
- Advocates leverage their focused knowledge on relevant questions specific to their case.
Advocacy Strategy
- Advocates represent a party's interests, tailoring arguments to help achieve a favorable outcome in legal disputes.
- The key question for an advocate is “What must I argue in order to win this case?” rather than a broad inquiry into potential arguments.
Identifying Arguments
- Advocates must identify essential arguments based on the specific legal context and case dynamics.
- Understanding the position related to the case helps advocates convert their arguments into effective syllogistic forms.
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