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Legal Technique and Logic Syllabus

This document provides the course syllabus for Legal Technique and Logic for first year law students at the University of Nueva Caceres College of Law. The syllabus outlines the course content which covers logic and reasoning, deductive reasoning, inductive reasoning, fallacies in legal reasoning, and the application of logic concepts through oral arguments, case discussions, and decision drafting. It also lists the grading criteria, evaluation system, and online class rules for students.

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HYACINTH SOLANO
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0% found this document useful (0 votes)
20 views3 pages

Legal Technique and Logic Syllabus

This document provides the course syllabus for Legal Technique and Logic for first year law students at the University of Nueva Caceres College of Law. The syllabus outlines the course content which covers logic and reasoning, deductive reasoning, inductive reasoning, fallacies in legal reasoning, and the application of logic concepts through oral arguments, case discussions, and decision drafting. It also lists the grading criteria, evaluation system, and online class rules for students.

Uploaded by

HYACINTH SOLANO
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

UNIVERSITY OF NUEVA CACERES

COLLEGE OF LAW
2ND Semester
SCHOOL YEAR 2021-2022

COURSE SYLLABUS FOR LEGAL TECHNIQUE AND LOGIC

First Year College of Law Students Block A and C

Professor:
ATTY. CHARISSA TORRECAMPO-NOBLE
Torrecampo & Noble Law Office
Crown Hotel Bldg. Elias Angeles Street
Naga City, Camarines Sur
09424879627/09176267423
charissa_nobs@[Link]

Part 1: Logic and Reasoning

I. Introduction

1. Logic and Law


2. Legal Reasoning
3. Argument as an Expression of Reasoning
4. Recognizing Arguments
5. Components of Legal Reasoning
6. Evaluating Legal Reasoning

II. Reasoning

A: Deductive Reasoning in Law

1. Deduction and Induction


2. Syllogisms
3. Types of Syllogisms
 Categorical Syllogisms
 Quantity of the Predicate
4. Parts of a Categorical Syllogisms
5. Rules for Validity of Categorical Syllogisms
6. Hypothetical Syllogisms
7. Conditional Syllogisms
8. Rules for Conditional Syllogisms
9. Enthymemes
[Link]

B: Inductive Reasoning

1
1. Inductive Generalizations
2. Evaluating Inductive Generalizations
3. Analogical Arguments
4. Evaluating Analogical Arguments

III. Fallacies in Legal Reasoning

1. Formal and Informal Fallacies


2. Fallacies of Ambiguity
 Equivocation
 Amphiboly
 Improper Accent
 Vicious Abstraction
 Composition
 Division
3. Fallacies of Irrelevance

1. Argumentum ad Hominem
2. Argumentum ad Misericordiam
3. Argumentum ad Baculum
4. Petitio Principii
Fallacies of Insufficient Evidence
1. Argumentum ad Amtiquum
2. Argumentum ad Vericumdiam
3. Accident
4. Hasty Generalization
5. Argumentum ad Ignorantiam
6. False Dilemma

Part 2: Application of Logic and Reasoning Concepts

I. Oral Arguments

Suggested Relevant Topics:


1. Divorce Bill
2. Recognizing and Legalizing Surrogacy in the Philippines
3. Same Sex Marriage
4. Other relevant topics

II. Case Discussion


(Analysis of Rationale of Court Decisions)

III. Decision Drafting

FINAL REQUIREMENT in lieu of FINAL EXAM:


Choose among I, II and III of part 2.

2
GRADING SYSTEM:

Attendance - 20 points
Class participation - 100 points (reports, presentation, oral arguments)
Midterm Exam - 80 points
Final Exam - 100 points

The final numerical grade in this course will be computed based on the total
points garnered as follows:

276-300 points 1.00(99-100%) Excellent


251-275 points 1.25 (96-98 %) Very Superior
226-250 points 1.50 (93-95 %) Superior
201-225 points 1.75 (90-92 %) Very Good
156-200 points 2.00 (87-89%) Good
126-150 points 2.25 (84-86%) Satisfactory
101-125 points 2.50 (81-83%) Fairly Satisfactory
76-100 points 2.75 (78-80%) Fair
51-75 points 3.00 (75-77%) Passed
26-50 points 4.00 Conditional
0-25 points 5.00/DRP Failed/Dropped

ONLINE CLASS RULES:


1. Observe proper school attire (Sando and pambahay is not allowed);
2. Observe proper decorum in class
 Avoid interrupting others during reporting and
presentation;
 Raise your hand and wait to be acknowledged before
speaking in class;
 Be polite and courteous during oral arguments. Avoid
below the belt and uncalled for comments. Positive and
intellectual discourse is highly encouraged;
 Always provide basis for your arguments. Personal opinions
without any basis are discouraged.
 Provide your sources and citations. Never plagiarize.
3. Log-in to class on time. Attendance will be checked within the first 15
minutes before the class starts.
4. Come to class prepared. Reports will be graded based on presentation,
content, citations and relevance on the topic.
5. Submit requirements on time.

Common questions

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Inductive reasoning in legal decision-making can lead to potential pitfalls, such as overgeneralization, because it involves deriving general principles from specific instances. There is also the risk of bias if the cases analyzed are not representative of the broader context. Evaluating inductive generalizations requires careful assessment to avoid invalid conclusions based on insufficient or non-representative evidence .

Categorical syllogisms function in deductive reasoning by structuring arguments into a format where two premises lead to a conclusion through categorical relationships. In legal contexts, this allows for clear and rigorous reasoning about the categorization of legal principles and facts, ensuring conclusions follow necessarily if the premises are true. This form of reasoning helps maintain clarity and consistency in legal arguments .

Evaluating court decisions as part of legal education is important for understanding legal reasoning because it provides insight into how legal principles are applied in practice. It helps students analyze judicial reasoning, recognize patterns in legal interpretation, and appreciate the role of precedent, thereby enhancing their ability to predict and influence future legal outcomes .

Polysyllogisms play a role in complex legal arguments by allowing multiple syllogisms to be linked, where the conclusion of one becomes the premise of the next. This structure enables the construction of extended arguments that follow a logical path, essential for dealing with multifaceted legal issues that require an in-depth analytical approach to connect various legal and factual points .

Fallacies of ambiguity, such as equivocation and amphiboly, undermine legal arguments by introducing ambiguity in terms or sentence structure, leading to misunderstandings or misinterpretations. For example, equivocation occurs when a word is used with different meanings in an argument, causing a shift in the argument's meaning, potentially invalidating it .

Grading class participation and oral arguments is significant in assessing law students' understanding because it actively engages students in the application of legal reasoning through discussion and debate. This method assesses not only their grasp of legal concepts but also their ability to think critically, articulate positions, and respond dynamically to counterarguments, which are crucial skills for legal practice .

Understanding the rules for validity of categorical syllogisms can prevent logical errors by ensuring that the structure of the argument follows proper logical relations. These rules help in avoiding invalid conclusions due to incorrect distribution of terms or flawed premises, thus maintaining the logical integrity crucial for sound legal reasoning .

The application of hypothetical syllogisms can contribute to legal reasoning by allowing the exploration of outcomes based on conditional scenarios. This reasoning method aids in case analysis by providing a framework to hypothesize potential implications of laws or regulations, enabling legal practitioners to systematically assess different contingencies and their effects on the legal standing .

Law students must learn both deductive and inductive reasoning to develop comprehensive analytical skills. Deductive reasoning helps in constructing logically sound arguments based on established laws, while inductive reasoning facilitates the formation of new legal principles from case analysis. Mastery of both methods enhances students' capability to engage with legal issues both systematically and creatively .

Recognizing arguments in legal reasoning is crucial because it allows legal practitioners to systematically dissect and understand the logical structure of legal propositions. This skill helps in identifying the premises and conclusions, discerning valid forms of reasoning, and facilitating the analysis necessary for constructing and evaluating legal arguments effectively .

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