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CHAPTER 1
Logic -is the study of the principles and methods of good
reasoning.
Legal Reasoning -is expressed through arguments, and it is with
arguments that logic is chiefly concerned.
Argument -in logic, is a claim put forward and defended with
reasons.
-is a group of statements in which one statement is
claimed to be true on the basis of another
statement/s.
Conclusion -the statement that is being claimed to be true.
Premise -the statement that serves as the basis or support of
the conclusion.
Categories of Arguments -logical or illogical
-valid or invalid
-sound or unsound
Ccomponents of Legal Reasoning:
1. Issue (What is being argued) -is any matter of controversy or uncertainty; an issue
is a point in dispute, in doubt, in question, or simply
up for discussion or consideration. It is always
formulated in interrogative sentence. In law, it
specifically pertains to a legal matter; it is not just
any controversial question.
4. Analysis (How applicable are the facts to -is the part where our argumentation and illustration
the said rule) come out. This part supposed to show the link
between the rules and the facts we presented to
establish what we are claiming in our argument. The
concern here is wether the material facts truly fit the
law.
5. Conclusion (What is the implication of -is the ultimate end of a legal argument. It is what
applying the rule to the given facts) the facts, the rules and the analysis of the case
amount to.
Two general criteria in evaluating legal arguments:
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on factual basis, for if the premises that are meant to
establish the truth of the legal claim (conclusion) is
questionable, the conclusion itself is questionable.
CHAPTER 2
Rules of Court -is an issuance of the High Court that defines and
governs the conduct of proceedings before all courts
of the land.
Burden of Proof -is the duty of any party to present evidence to
establish his claim or defense by the amount of
evidence required by law, which is preonderance of
evidence in civil case.
-basic rule in evidence that the burden of proof lies
upon him who asserts it, not upon him who denies,
since the nature of things, he who denies a fact
cannot produvce any proof of it.
Equipose Doctrine -when the evidence of the parties are evenly
balanced or there is doubt on which side the
evidence preponderates, the decision should be
against the party with the burden of proof.
Evidence -is the means sanctioned by the Rules of Court, of
ascertaining in a judicial proceeding the truth
respecting a matter of fact.
“Best Evidence Rule” Encapsulated in Rule 130, Section 3 , of the Revised
Rules of Civil Procedure applies only when the
content of such document is the subject of the
inquiry. The original document must be produces
whenever its contents are sublect of inquiry; a
photocopy, being mere secondary evidence, is not
admissible, unless it is shown that the original is
unavailable.
Admissibility and Relevance of Evidence -evidence is deemed admissible if it is relevant to the
issue and more importantly, if it is not excluded by
the provision of law or by the Rules of Court.
-as to relevance, such evidence must have such
relation to the fact in issue as to induce belief in its
existence or non-existence.
Testimony of Witnesses -is generally confined to personal knowledge; and
therefore excludes heresay.
-Section 36, Rule 130 of the Revised Rules on
evidence, states that a witness can testify only to
those facts which he knows of or comes from his
personal knowledge, that is, which are derived from
his perception.
Hearsay Rule -A witness that testifies as to ehat he merely learned
from others either because he was told, or he read,
or he heard the same. Such testimony is considered
hearsay and may not be received as proof of truth of
what he has learned.
-Exceptions:
a) entries in official record made in the performance
of duty by a public officer
b) necessity and trustwothiness of witness.
Expert Testimony -refers to statements made by individuals who are
considered as experts in a particular field.
Examination -the crediibility given by trial courts to prosecution
witnesses is an important aspect of evidence which
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appelate courts can rely on because of its unique
opportunity to observe them, particularly their
demeanor, conduct, and attitude, during the direct
and cross-examination by counsels.
Direct examination by the proponent -refers to the examination-in-chief of a witness by
the party presenting him on the facts relevant to the
issue.
Cross-examination by the opponent -upon the termination of direct examination, the
witness may be cross-examined by the adverse party
as to any matters stated in the direct examination, or
connected therewith.
Re-direct examination by the proponent -after the cross-examination of the witness has been
concluded, he may be re-examined by the party
calling him, to explain or supplement his answers
given during the cross-examination.
Re-cross-examination by the opponent -upon the conclusion of the re-direct examination,
the adverse party may re-cross-examine the witness
on matters stated in his re-direct examination, and
also on such othe matters as may be allowed by the
court in its discretion,
Stare decicis et non quieta movere -when a court has once laid down a principle, and
apply it to all future cases, where facts are
substantially the same, regardless of wether the
parties and properties are the same. Follow past
precedents and do not disturb what has been settled.
Legis interpretato legis vim obtinet -the interpretation placed upon the written law by a
competent court has the force of law.
CHAPTER 3
Deductive Reasoning -when our premisesintent to guarantee the truth of
our conclusion.
-moves from general premises to particular
conclusions.
Common deductive indicator words -certainly, definitely, absolutely, conclusively, it is
logical to conclude that, this logically implies that,
this entails that, it must be the case that
Inductive Reasoning -when our premises are intended to provide good
(but not conclusive) evidence for the truth of our
conclusion.
-moves from particular premises to general
conclusions.
Common inductive indicator words -probably, likely, chances are, one would expect
that, it is plausible to suppose that, it is reasonable to
assume that
Syllogism -is a three-line argument—that is, an argument that
consists of exactly two premises and a conclusion.
-a clear, well-constructed syllogism ensures each
conclusion is well-supported with evidence, and
gives the judge a recognizable basis to evaluate the
strength of the argument.
Types of Syllogism:
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Properties of a Categorical Statement
a. Minor Term (S) -the subject of the conclusion (also called the subject
term.
b. Major Term (P) -the predicate of the conclusion (also called the
predicate term)
c. Middle Term (M) -the term found in both premises and serves to
mediate between the minor and major terms
Rules for the Validity ofCategorical Syllogism
Rule 1: The syllogism must not contain two - the rationale behind this rule is that when the
negative premises premises are both negative, the middle term fails to
serve its function of mediating between the major
and minor terms.
Rule 2: There must be three pairs of univocal terms -a univocal term has the same meaning in different
ocuurences.
Rule 3: The middle term must be universal at least
once -the reason for this rule is that when the middle term
is particular in both premises itmight stand for a
different portion of its extension in eachoccurence
and, thus, be equivalent to two terms, and, therefore,
fail to fulfill its function of unitingor separating the
major and minor terms.
Rule 4: If the term in the conclusion is universal, -the conclusion should not go beyond whatthe
the same term in the premise must also be universal premises state.
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Polysyllogisms -is a series of syllogisms in which the conclusion of
ne syllogism supplies a premise of the next
syllogism.
CHAPTER 4
Inductive Arguments -arguments in which the premises are intended to
provide support, but not conclusive evidence, for the
conclusion.
-it gives us truth or information more that what the
premises are saying. What is claimed in the
conclusion goes beyond the evidence foud in the
premises.
Inductive Generalizations -an argument that relies on characteristics of a
sample population to make a claim about the
population as a whole.
-two important questions we must ask when it comes
to determining whether the inductive generalizations
are strong or weak:
a. Is the sample large enough?
b. Is the sample representative?
Analogical Argument -type of inductive argument most commonly used in
law. Analogy is a comparison of things based on
similarities those things share. We find analogies
everywhere.
-Analogy in contrast, makes one-to-one
comparisons that require no generalizations or
reliance in universal rules.
Analogical Reasoning three steps process 1. Establish similarities between two cases.
2. Announce the rule of law embedded in the first
case
3. Apply the rule of law to the second case
CHAPTER 5
Fallacy -is not a false belief but a mistake or error in thinking
or reasoning.
-in narrower sense, to describe an error in reasoning
rather than a falsity in a statement or claim.
Formal fallacies - identified through mere inspection of form and
structure
- Found in deductive arguments that have
identifiable forms
- Also called illicit major
Informal Fallacies - Detected only through analysis of argument
content which is illogical
- Illogically persuading people to believe or
accept something
Fallacies of Ambiguity - misuse of language; deliberately misleads
people
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3. Improper Accent - Presents a claim or argument whose meaning
can be interpreted in two or more ways due to its
grammatical construction.
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3) Complex Question
- This fallacy asks a question in which some
4) Leading Question presuppositions are buried in that question
CHAPTER 6
RULES OF LEGAL REASONING - One would be faced with a single or 2 laws
Rules of Collision dealing with the same subject matter but with
conflicting provisions as far as the treatment and
application of a right.
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Rules of Interpretation and Construction - Interpretation refers to how a law or more
importantly a provision thereof, is to be properly
applied