Summary on Chapter 17 Legal argument and logic (Topic 4) from the beginner's guide for law students fifth edition
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Course
Introduction To Law 1011A (LAW1011A)
Institution
University Of The Witwatersrand (wits)
Book
Beginner\'s Guide for Law Students
These summaries are a combination of both lecture notes and summaries from the provided textbook as well as additional research.
They are summaries from the 'Beginner's guide for law students fifth edition).
The summaries include the following topics:
legal argument, legal logic
They cover t...
Chapter 17 Legal argument and logic (1.1)
Wednesday, 29 March 2023 08:05
Topic 4
Main topics:
○ Language
○ What is the Question?
○ Argument
○ Logic
Summary:
Topic objectives
• Different kinds- understand different kinds of arguments and logic
• Identify and problematize- identify and problematize these arguments in texts
• Deceiving arguments- describe why different kinds of arguments and logic can be deceiving or not lead to a
certain conclusion
• Improving agruements- identify problematic arguments and logic, and consider how
the argument or logic at play could be improved.
Language
Why is it important? Avoid ambiguity (however some may argue that simple language is important)
What type of language must be used? Formal & legal jargon
Would your use of simple language affect your credibility? No, if you are able to distill what you want to say in
a simple sentence, you are a good lawyer. The argument is what matters the most, not how you say it.
○ Legalese defined
- Language used by lawyers and in legal documents that is difficult for ordinary people to
understand E.g. Income tax act- very complicated to read
- The specialized language of the legal profession
- Language containing an excessive amounts of legal terminology or legal jargon
- The conventional language in which legal document etc. are written.
○ Example: convoluted statement
○ Formal and archaic
○ Long and complicated
○ Aims to cover all possibilities
○ Written in passive voice- its not efficient (DON'T, use active voice) (P-The lecture was presented
to me A- I attended the lecture)
Why not use legalese but rather legal terms of art?
• Must communicate effectively and convincingly & because within the law, words have particular meaning,
rather use legal terms of art
• Art- expression or phrase that has a defined meaning when used in a particular context or knowledge
environment
• Technical or specialist legal word and phrases:
○ They have precise legal meanings
○ Cannot be paraphrased Proved beyond reasonable doubt-
○ Used appropriately and accurately in clear manner proven guilty with all of the
○ Becomes a successful legal writer evidence (e.g. criminal)
• Key words on top of case- legal terms of art (annotate legal meaning) Balance of probity- judges the
Legal terms of art evaluation based on the evidence
Plaintiff (e.g. civil)
Defendant- appellant and respondent (in an appeal)
Negligence
Foreseeability- did the defendant see the ability of harm (denotes a whole body of law)
Copyright
Civil matter
Action- based on a disagreement on facts and then you sue
Application procedure/ proceedings- no disagreement on the facts but rather the law
Fraud
Defendant
Specific performance
Burden of proof
Damages
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