Legal Argumentation and Rhetorical Tricks

Questions and Answers

What is the primary concern of procedural benefits in arguing a case?

To protect fundamental liberties

What is the principle that states that a matter cannot be retried if there has been a final judgment?

Res judicata

What is the term for the fallacy of assuming that because one event follows another, the first event caused the second?

Post hoc ergo propter hoc

What is the term for the exception that proves the rule?

Exception that proves the rule Signup and view all the answers

What is the term for the reasonable person standard in determining due diligence?

The reasonable person Signup and view all the answers

What is the primary purpose of arguing about the meaning of texts in interpretation?

To determine the plain meaning of the text Signup and view all the answers

What is the counterpoint to arguing for procedural benefit?

The procedure is unfair or defective Signup and view all the answers

What is the term for inference made from limited data?

Inappropriate inference Signup and view all the answers

What is the primary goal of arguing that a different forum is needed to decide a case?

To apply a different set of substantive rules Signup and view all the answers

What is the purpose of arguing that the tribunal lacks jurisdiction?

To seek a more favorable set of legal rules Signup and view all the answers

What is a conflict of interest in the context of a decision maker?

A personal stake in the outcome of the case Signup and view all the answers

What is the purpose of voir dire in a jury trial?

To identify potential biases in prospective jurors Signup and view all the answers

What is the primary goal of arguing about the plain meaning of a text?

To establish the clear meaning of the text Signup and view all the answers

What is the purpose of pointing out the weak logic in an opponent's argument?

To cast doubt on the opponent's other arguments Signup and view all the answers

What is the primary goal of characterizing a case in a certain way?

To make one's argument more appealing Signup and view all the answers

What is the purpose of arguing that there is a problem with the tribunal?

To undermine the credibility of the tribunal Signup and view all the answers

What is the primary goal of arguing about the meaning of a text?

To establish the clear meaning of the text Signup and view all the answers

What is the purpose of arguing that a different characterization of the case makes one's argument more appealing?

To make one's argument more appealing Signup and view all the answers

What type of fallacy is committed when a speaker assumes that because two events occur together, one must cause the other?

Post hoc ergo propter hoc Signup and view all the answers

What is the term for a statement that is true but unrelated to the conclusion?

Non sequitur Signup and view all the answers

Which of the following is an example of affirming the consequent?

She is expert in the law. Therefore, she is a lawyer. Signup and view all the answers

What is the term for evidence that is true but does not prove causation?

Circumstantial evidence Signup and view all the answers

What is the term for the bias that occurs when a causal variable is not included in the analysis?

Omitted variables Bias Signup and view all the answers

Which of the following is NOT an example of Post hoc ergo propter hoc?

The rain caused the flood. Signup and view all the answers

What is the main difference between affirming the consequent and Post hoc ergo propter hoc?

Affirming the consequent deals with antecedents and consequents, while Post hoc ergo propter hoc deals with temporal sequence. Signup and view all the answers

What is the term for the argument that focuses attention away from the salient facts and on a fact that may be true but is not salient?

Red herring Signup and view all the answers

What is the main problem with circumstantial evidence?

It does not prove causation. Signup and view all the answers

What is the underlying assumption of Post hoc ergo propter hoc?

Correlation implies causation. Signup and view all the answers

What is the main flaw in the Post Hoc fallacy?

It focuses on a concomitance that is too commonplace. Signup and view all the answers

What is the main point of the counter counterpoint in the smoking and lung cancer example?

Once we exclude other causes, correlation provides pretty persuasive evidence. Signup and view all the answers

What percentage of statistics used in argumentation are made up on the spot?

74% Signup and view all the answers

What is the main flaw in the lawyer's argument about the medicine and heart disease?

The sample size is too small. Signup and view all the answers

What is the purpose of the reasonable person standard in tort law?

To ensure that individuals act with the care of a reasonable person. Signup and view all the answers

What is the main component of a full risk assessment?

A risk-adjusted cost-benefit analysis. Signup and view all the answers

What is the main point of the counterpoint in the reasonable person standard example?

I acted with the care of a reasonable person, so I am not liable. Signup and view all the answers

What is the main flaw in using limited data in arguing about substantive responsibility?

It can lead to incorrect conclusions. Signup and view all the answers

What is the main purpose of Occam's Razor?

To choose the simplest explanation for a phenomenon. Signup and view all the answers

What is the main point of the counter counterpoint in the reasonable person standard example?

It is unfair to force me to bear the costs of your action. Signup and view all the answers

Study Notes

Procedural Arguments

Argue for procedural benefit:
- Question jurisdiction of the court
- Examine factual circumstances and applicable law
- Identify potential disabling factors for the prosecutor
- Consider admissibility of evidence and potential penalties
- Involve res judicata principle (already judged)
Technicalities can reflect important social values and protect fundamental liberties
Counterpoint: procedural rules may be unfair or defective

Challenging Jurisdiction

Argue that the tribunal lacks jurisdiction
- Alternative court may apply more favorable legal rules
- Challenge authority of the decision maker
- Identify limited jurisdiction of tribunals and decision makers
- Seek to avoid unfavorable decision making mechanisms

Characterization of the Case

Argue for a characterization that makes your side more appealing
- Focus on the substantive aspects of the case

Arguing About the Meaning of Texts: Interpretation

Plain meaning and the dictionary:
- Interpret words in context, considering multiple meanings
- Determine meaning based on the purpose of the text and intent of the authors
Counterpoint: constitutions, statutes, and contracts involve compromise and require examining the text itself

Rhetorical Tricks

Non sequitur: that doesn't follow
- Focus on the missing link between premise and conclusion
- Identify when the asserted predicate does not indicate the desired conclusion
Fallacies of causation:
- Post hoc ergo propter hoc: correlation does not imply causation
- Affirming the consequent: correlation does not necessarily imply causation
- Omitted variables bias: excluding alternative causes
Inappropriate inference from limited data:
- Be cautious of statistical arguments without expertise
- Consider the sample size, population, and alternative explanations
Occam's Razor and the exception that proves the rule:
- Be aware of misleading statistical inferences

Arguing About Substantive Responsibility

The reasonable person and due diligence:
- Conform to the standard of care to avoid liability
- Engage in risk assessment, considering probability, magnitude, benefits, and alternatives
- Counterpoint: acting with reasonable care may not be sufficient to avoid liability
Exceptional circumstances: force majeure
- Identify exceptional circumstances that may affect liability
- Distinguish between rules and exceptions

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Description

This quiz covers various aspects of legal argumentation, including procedural benefits, jurisdiction, and interpretation of texts. It also explores common rhetorical tricks and fallacies.