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About Litigation Logic: A Practical Guide to Effective Argument
In litigation, an effective argument is essential to winning the case. Legal arguments, just like ordinary arguments, occur in patterns and recognizing these patterns, and understanding their strengths and weaknesses, are the keys to winning an effective argument.
Students of logic recognize these patterns as informal fallacies, arguments that are flawed, but not in a technical, formal sense. Traditional books on logic have not concentrated on the informal fallacy, favoring instead concepts like inductive and deductive reasoning. This one-of-a-kind book now presents informal fallacies through legal arguments, and includes a three-page Legal Logic Flow Chart to help identify the appropriate informal fallacy by asking questions that direct the attorney to the name and relevant chapter.
This book begins with an explanation of the Legal Logic Flow Chart and offers two legal examples on which to practice using the chart. The rules of legal logic are presented next, followed by an examination of arguments attorneys are ethically prohibited from making. The book also includes more than thirty informal fallacies with a brief explanation, how it is used, and if it is known by other names. Many chapters have point-counterpoint examples of informal fallacies. The book also discusses statistical uses of informal fallacies.
Among the topics also discussed in this book are:
When is it permissible to use the analogy of an iceberg and when is it not?
What parts of anatomy can trial attorneys appeal to, and what parts are forbidden?
Learn about legal rules, including the invited response rule, the rule of lenity, and the Golden Rule.
Do quotes have to enclose verbatim statements?
Can a judge go too far in reminding a witness of the penalties of perjury?
Can a witness be incredible as a matter of law?
What is Occam's Razor?
What do Clarence Darrow's opening statement in the Scopes trial, and the dissent from Plessy v. Ferguson have in common?
Why do some States prohibit attorneys from arguing that a corporation has no heart, soul, or conscience?
No matter what area of law a lawyer practices, informal fallacies are readily applicable. In computer terms, informal fallacies have cross platform application. Learning to use, and defend against, informal fallacies are the keys to effective argument and this valuable resource will give you the tools you need. This book is ideal for any lawyer who wants to craft a flawless argument.