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Elements of Legal Arguments

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Legal interpretations that are not straight applications but require reasoning to extrapolate from existing laws.

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Analogical Reasoning

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A statement of what should happen based on the argument presented.

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Conclusion

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This is a request made to a court or judge to obtain an order, ruling, or direction.

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Motion

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These are initial parts of a brief that summarize the essential facts, issues, and conclusions.

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Headnotes

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Literature that explains, analyzes, interprets, or criticizes the law, but is not legally binding.

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Secondary Authority

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[Latin term] A legal doctrine meaning 'to stand by things decided'.

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Stare Decisis

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A concise statement of the law derived from statutes or previous case decisions.

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Legal Principle

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An inquiry into the facts of a case as well as the application of logical and legal reasoning to those facts.

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Argument

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A type of reasoning that involves making generalizations based on observing patterns, frequency or commonalities among specific instances.

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Inductive Reasoning

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The main point that a lawyer or party to a case hopes to prove.

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Claim

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A source that directly addresses the issue at hand and is considered authoritative within the field.

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Primary Authority

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A principle that has been established through past decisions by higher courts in the same jurisdiction.

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Precedent

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A statement that clarifies, explains, or adds detail to the evidence or reasoning in an argument.

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Elaboration

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An additional statement that limits or modifies the scope of the claim.

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Qualifier

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A type of reasoning that involves drawing specific conclusions from a general principle or premise.

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Deductive Reasoning

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Facts or information indicating whether a belief or proposition is true or valid.

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Evidence

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This precedes the conclusion as a final step in an argument that readies the argument for acceptance.

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Warrant

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An oppositional statement that challenges the validity of the claim.

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Counterargument

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A detailed examination of the elements or structure of something, typically as a basis for discussion or interpretation.

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Analysis

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The application of law to the particular circumstances of the case at hand.

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Application

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