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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.
Analogical Reasoning
A statement of what should happen based on the argument presented.
Conclusion
This is a request made to a court or judge to obtain an order, ruling, or direction.
Motion
These are initial parts of a brief that summarize the essential facts, issues, and conclusions.
Headnotes
Literature that explains, analyzes, interprets, or criticizes the law, but is not legally binding.
Secondary Authority
[Latin term] A legal doctrine meaning 'to stand by things decided'.
Stare Decisis
A concise statement of the law derived from statutes or previous case decisions.
Legal Principle
An inquiry into the facts of a case as well as the application of logical and legal reasoning to those facts.
Argument
A type of reasoning that involves making generalizations based on observing patterns, frequency or commonalities among specific instances.
Inductive Reasoning
The main point that a lawyer or party to a case hopes to prove.
Claim
A source that directly addresses the issue at hand and is considered authoritative within the field.
Primary Authority
A principle that has been established through past decisions by higher courts in the same jurisdiction.
Precedent
A statement that clarifies, explains, or adds detail to the evidence or reasoning in an argument.
Elaboration
An additional statement that limits or modifies the scope of the claim.
Qualifier
A type of reasoning that involves drawing specific conclusions from a general principle or premise.
Deductive Reasoning
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
An oppositional statement that challenges the validity of the claim.
Counterargument
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
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