|
Argument In The Alternative
Originating in the legal profession, argument in the alternative is a strategy in which a lawyer advances several competing (and possibly mutually exclusive) arguments in order to pre-empt objections by his adversary, with the goal of showing that regardless of interpretation there is no reasonable conclusion other than the advocate's. Bart Simpson's classic "I didn't do it, no one saw me do it, you can't prove anything!" could be considered a somewhat humorous example. In a more serious example, a lawyer might argue, not only that his client was elsewhere when a murder or other crime took place, but also that ''even if he had been on the scene'', he would have had no way of accessing the alleged murder weapon. In this way, the lawyer attacks several premises of the prosecution's argument at once. The secondary line of reasoning might be presented to persuade a sub-audience who would not otherwise agree with the primary argument. In regards to contract law, arguing in the altern ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Profession
Legal profession is a profession in which legal professionals study, develop and apply law. Usually, there is a requirement for someone choosing a career in law to first obtain a law degree or some other form of legal education. It is difficult to generalize about the structure of the profession, because * there are two major legal systems, and even within them, there are different arrangements in jurisdictions, and * terminology varies greatly. While in civil law countries there are usually distinct clearly defined career paths in law, such as judge, in common law jurisdictions there tends to be one legal profession, and it is not uncommon, for instance, that a requirement for a judge is several years of practising law privately. Judge Historically, this has been the first legal specialization. In civil law countries, this is often a lifelong career. In common law legal system, on the other hand, judges are recruited from practising lawyers. Lawyer, advocate, attorney ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mutually Exclusive
In logic and probability theory, two events (or propositions) are mutually exclusive or disjoint if they cannot both occur at the same time. A clear example is the set of outcomes of a single coin toss, which can result in either heads or tails, but not both. In the coin-tossing example, both outcomes are, in theory, collectively exhaustive, which means that at least one of the outcomes must happen, so these two possibilities together exhaust all the possibilities. However, not all mutually exclusive events are collectively exhaustive. For example, the outcomes 1 and 4 of a single roll of a six-sided die are mutually exclusive (both cannot happen at the same time) but not collectively exhaustive (there are other possible outcomes; 2,3,5,6). Logic In logic, two mutually exclusive propositions are propositions that logically cannot be true in the same sense at the same time. To say that more than two propositions are mutually exclusive, depending on the context, means that one ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bart Simpson
Bartholomew JoJo "Bart" Simpson is a fictional character in the American animated television series ''The Simpsons'' and part of the Simpson family. He is voiced by Nancy Cartwright and first appeared on television in ''The Tracey Ullman Show'' short " Good Night" on April 19, 1987. Cartoonist Matt Groening created and designed Bart while waiting in the lobby of James L. Brooks' office. Groening had been called to pitch a series of shorts based on his comic strip, ''Life in Hell'', but instead decided to create a new set of characters. While the rest of the characters were named after Groening's family members, Bart's name is an anagram of the word ''brat''. After appearing on ''The Tracey Ullman Show'' for two years, the Simpson family received its own series on Fox, which debuted December 17, 1989. Bart has appeared in every ''Simpsons'' episode except "Four Great Women and a Manicure". At ten years old, Bart is the eldest child and only son of Homer and Marge, and the bro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Argument
An argument is a statement or group of statements called premises intended to determine the degree of truth or acceptability of another statement called conclusion. Arguments can be studied from three main perspectives: the logical, the dialectical and the rhetorical perspective. In logic, an argument is usually expressed not in natural language but in a symbolic formal language, and it can be defined as any group of propositions of which one is claimed to follow from the others through deductively valid inferences that preserve truth from the premises to the conclusion. This logical perspective on argument is relevant for scientific fields such as mathematics and computer science. Logic is the study of the forms of reasoning in arguments and the development of standards and criteria to evaluate arguments. Deductive arguments can be valid, and the valid ones can be sound: in a valid argument, premisses necessitate the conclusion, even if one or more of the premises is false ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contract Law
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or rescission. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Contract law, like other areas of private law, varies between jurisdictions. The various systems of contract law can broadly be split between common law jurisdictions, civil law jurisdictions, and mixed law jurisdictions which combine elements of both common and civil law. Common law jurisdictions typically require contracts to include consideration in order to be valid, whereas civil and most mixed law jurisdictions solely require a meeting of the min ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Plaintiff
A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of the plaintiff and make the appropriate court order (e.g., an order for damages). "Plaintiff" is the term used in civil cases in most English-speaking jurisdictions, the notable exceptions being England and Wales, where a plaintiff has, since the introduction of the Civil Procedure Rules in 1999, been known as a "claimant" and Scotland, where the party has always been known as the "pursuer". In criminal cases, the prosecutor brings the case against the defendant, but the key complaining party is often called the "complainant". In some jurisdictions, a lawsuit is commenced by filing a summons, claim form or a complaint. These documents are known as pleadings, that set forth the alleged wrongs committed by the defendant or defendants with a de ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Alternative Pleading
Alternative pleading (or pleading in the alternative) is the legal term in the law of the United States for a form of pleading that permits a party in a court action to argue multiple possibilities that may be mutually exclusive by making use of legal fiction. A pleading in the alternative sets forth multiple claims or defenses either hypothetically or alternatively, such that if one of the claims or defenses are held invalid or insufficient, the other claims or defenses should still have to be answered. Description One example is submitting an injury complaint alleging that the harm to the plaintiff caused by the defendant was so outrageous that it must have either been intended as a malicious attack or, if not, must have been due to gross negligence. At a late 1970s American Bar Association seminar in New York, Richard "Racehorse" Haynes gave this example: "Say you sue me because you say my dog bit you. Well, now this is my defense: My dog doesn't bite. And second, in the al ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Kettle Logic
Kettle logic (''la logique du chaudron'' in the original French) is a rhetorical device wherein one uses multiple arguments to defend a point, but the arguments are inconsistent with each other. Jacques Derrida uses this expression in reference to the humorous "kettle-story", that Sigmund Freud relates in ''The Interpretation of Dreams'' (1900) and ''Jokes and Their Relation to the Unconscious'' (1905). Philosophy and psychoanalysis The name "logique du chaudron" comes from Jacques Derrida from an example used by Sigmund Freud for the analysis of "Irma's dream" in ''The Interpretation of Dreams'' and in his ''Jokes and Their Relation to the Unconscious''. Freud relates the story of a man who was accused by his neighbour of having returned a kettle in a damaged condition and the three arguments he offers. #That he had returned the kettle undamaged #That it was already damaged when he borrowed it #That he had never borrowed it in the first place Though the three arguments are ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Disjunction Elimination
In propositional logic, disjunction elimination (sometimes named proof by cases, case analysis, or or elimination), is the valid argument form and rule of inference that allows one to eliminate a disjunctive statement from a logical proof. It is the inference that if a statement P implies a statement Q and a statement R also implies Q, then if either P or R is true, then Q has to be true. The reasoning is simple: since at least one of the statements P and R is true, and since either of them would be sufficient to entail Q, Q is certainly true. An example in English: :If I'm inside, I have my wallet on me. :If I'm outside, I have my wallet on me. :It is true that either I'm inside or I'm outside. :Therefore, I have my wallet on me. It is the rule can be stated as: :\frac where the rule is that whenever instances of "P \to Q", and "R \to Q" and "P \lor R" appear on lines of a proof, "Q" can be placed on a subsequent line. Formal notation The ''disjunction elimination'' ru ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hypothetical Syllogism
In classical logic, a hypothetical syllogism is a valid argument form, a syllogism with a conditional statement for one or both of its premises. An example in English: :If I do not wake up, then I cannot go to work. :If I cannot go to work, then I will not get paid. :Therefore, if I do not wake up, then I will not get paid. The term originated with Theophrastus. Propositional logic In propositional logic, hypothetical syllogism is the name of a valid rule of inference (often abbreviated HS and sometimes also called the chain argument, chain rule, or the principle of transitivity of implication). The rule may be stated: :\frac where the rule is that whenever instances of "P \to Q", and "Q \to R" appear on lines of a proof, "P \to R" can be placed on a subsequent line. Hypothetical syllogism is closely related and similar to disjunctive syllogism, in that it is also a type of syllogism, and also the name of a rule of inference. Applicability The rule of hypothetical syllogi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Paradigm Case Argument
In analytic philosophy, the paradigm case argument is an argument which is applied as a rebuttal to the claim that certain concepts, such as free will or knowledge are meaningless. The paradigm case argument is that if a term, such as "knowledge", is regularly applied to some cases and not to others, then that term (and the concept it refers to) cannot truly be undefined, as it clearly has some kind of definition in practice. The argument is so named because it often takes the form of pointing out a ''paradigm case''—a case which unambiguously falls under the common definition of the term, and so can be taken as a definite instance of the supposedly non-existent concept. This argument was commonly applied during the flourishing of linguistic philosophy. References Analytic philosophy Philosophical arguments Semantics Philosophy of language External links ''Internet Encyclopedia of Philosophy'' {{semantics-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Reasoning
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a group legislature or by a single legislator, resulting in statutes; by the executive through decrees and regulations; or established by judges through precedent, usually in common law jurisdictions. Private individuals may create legally binding contracts, including arbitration agreements that adopt alternative ways of resolving disputes to standard court litigation. The creation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people. Legal systems vary between jurisdictions, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
.svg "Click for more on -> Argument")
