What Is Legal Argument?

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.

How do you write a legal argument?

1. Keep paragraphs within 2 to 7 sentences. …
2. Keep sentences under 60 words. …
3. Avoid unnecessary detail. …
4. Banish passive voice. …
5. Use key words to signify your argument. …
6. Define your opponent’s argument. …
7. Edit as you go.

What is a legal argument?

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.

What are the different types of legal arguments?

The five types of argument are therefore

text, intent, precedent, tradition, and policy

.

What is legal argument and reasoning?

Legal reasoning is

a method of thought and argument used by lawyers and judges when applying legal rules to specific interactions among legal persons

. … It is here that the court gives reason for its legal ruling, and it helps other courts, lawyers and judges to use and follow the ruling in subsequent proceedings.

What are the six elements of a legal brief?

• Title and Citation.
• Facts of the Case.
• Issues.
• Decisions (Holdings)
• Reasoning (Rationale)
• Separate Opinions.
• Analysis.

What are examples of legal issues?

• Wills.
• Divorce.
• Traffic.
• Property Transfers.
• Trusts.
• Consumer Protection.
• Bankruptcy.
• Defense of Civil Damage.

How do you end a legal argument?

1. a summary of the evidence.
2. any reasonable inferences that can be draw from the evidence.
3. an attack on any holes or weaknesses in the other side’s case.
4. a summary of the law for the jury and a reminder to follow it, and.

How do you write a brief argument?

Those guidelines, each of which is discussed in Part II, are as follows: (1) begin your brief with a compelling recita- tion of the relevant facts; (2) acknowledge the applicable legal standard and use it to your benefit; (3) carefully pick your strongest arguments; (4) present your arguments logically; (5) present …

What are the basic rules of legal writing?

• Use short sentences for complicated thoughts. Do not put too many important ideas in one sentence. …
• Use active voice verbs. …
• Make verbs do the work. …
• Remove unnecessary or extra words. …
• Remove redundant (legal) phrases. …
• Use everyday language. …
• Choose specific and concrete words. …
• Use modifiers carefully.

What is the synonyms of argument?

In this page you can discover 97 synonyms, antonyms, idiomatic expressions, and related words for argument, like:

debate

, conflict, squabble, quarrel, ground, tiff, spat, beef, discussion, run-in and contention.

How do you debate like a lawyer?

1. Question Everything and Everyone, Even Yourself. (via giphy.com) …
2. Open Your Ears Before You Open Your Mouth.
3. Come Prepared.
4. Try On Their Business Shoes. …
5. Trump Your Emotions with Reason. …
6. Don’t Negotiate If You Have Nothing to Offer.
7. Avoid the Straw Man. …
8. Use Their Strength Against Them.

What are the 4 steps in legal reasoning?

I. Legal Reasoning – Generally

1)

Issue – What specifically is being debated

? 2) Rule – What legal rule governs this issue? 3) Facts – What are the facts relevant to this Rule? 4) Analysis – Apply the rule to the facts.

What are the principles of legal reasoning?

Four Foundational Ideas I begin with four ideas that provide the foundation of the principles developed in this chapter: (1) courts should make law concerning private conduct in areas where the legislature has not acted, (2) the principles of legal reasoning turn on the interplay between doctrinal propositions and …

What is legal issue in law?

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.

What is included in a legal brief?

Every brief should include, at a minimum,

the facts of the case, the legal issue, the legal principle applied in the case, the holding and reasoning of the majority, and a summary of any concurrences and dissents

.