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Elements of Legal Arguments
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The main point that a lawyer or party to a case hopes to prove.
Claim
Facts or information indicating whether a belief or proposition is true or valid.
Evidence
This precedes the conclusion as a final step in an argument that readies the argument for acceptance.
Warrant
This is a request made to a court or judge to obtain an order, ruling, or direction.
Motion
A concise statement of the law derived from statutes or previous case decisions.
Legal Principle
Legal interpretations that are not straight applications but require reasoning to extrapolate from existing laws.
Analogical Reasoning
These are initial parts of a brief that summarize the essential facts, issues, and conclusions.
Headnotes
A statement of what should happen based on the argument presented.
Conclusion
An additional statement that limits or modifies the scope of the claim.
Qualifier
A statement that clarifies, explains, or adds detail to the evidence or reasoning in an argument.
Elaboration
A source that directly addresses the issue at hand and is considered authoritative within the field.
Primary Authority
Literature that explains, analyzes, interprets, or criticizes the law, but is not legally binding.
Secondary Authority
An oppositional statement that challenges the validity of the claim.
Counterargument
A principle that has been established through past decisions by higher courts in the same jurisdiction.
Precedent
A type of reasoning that involves drawing specific conclusions from a general principle or premise.
Deductive Reasoning
A type of reasoning that involves making generalizations based on observing patterns, frequency or commonalities among specific instances.
Inductive Reasoning
[Latin term] A legal doctrine meaning 'to stand by things decided'.
Stare Decisis
A detailed examination of the elements or structure of something, typically as a basis for discussion or interpretation.
Analysis
The application of law to the particular circumstances of the case at hand.
Application
An inquiry into the facts of a case as well as the application of logical and legal reasoning to those facts.
Argument
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