LOGIC AND LEGAL

REASONING: A GUIDE FOR

LAW STUDENTS
By Neal Ramee, Class of 2003
About the author
BA Philosophy University of Virginia
University of North Carolina School of Law
- Juris Doctor, 2003
- Order of the Coif, 2003
- First Amendment Law Review, Managing Editor
Logic

PRISTINE LOGIC
SYLLOGISM
MAJOR MINOR
CONCLUSION
PREMISE PREMISE

Statement of Law Statement of Facts Applying the Law to the Facts

States a Makes Connects

general factual particular
rule assertion statements
 Example I
To qualify as a citizen of a state for purposes of diversity jurisdiction, a party must (1)
currently reside in that state and (2) intend to remain there indefinitely. Here, the
plaintiff does not currently reside in North Carolina. Therefore, the plaintiff cannot be a
citizen of North Carolina for jurisdictional purposes.
Example II
All
cats are
mammals. Some
mammals are
excellent swimmers.
Therefore, some cats
are excellent
swimmers.
FALLACIES
A fallacy is an error in reasoning.
A fallacious argument may appear
correct. . .
Premises and conclusion are
correct
Two Broad Categories
Fallacies of relevance
- occur when the premise miss the
point and fail to provide logical support for the
conclusion.
Fallacies of ambiguity
- the meaning of the key word or phrase
shifts and changes, so that the terms do not really
match up within the argument.
1. Appeal to Inappropriate Authority
Example
In North Carolina, adverse
possession requires actual entry and
exclusive, open and notorious
possession , adverse and under a
claim of right, for full statutory
period. Benton v. Rennick, 22 So. 2d
173 (Fla. 1973); Blacks Law Dictionary
545 (17th ed. 1999).
Florida
General definition of
adverse possession
Example
The possession of nuclear weapon is
a moral abomination. Even Edward
Teller, the father of the hydrogen
bomb, urged the United States to
halt production once the full extent of
their destructive power became
known.
Mr. Teller is a physicist,
Morality
Not a cleric or philosopher.
 2. Disconnected Premises
Major Premise
Example
An attractive nuisance is a
dangerous thing or condition that
could foreseeably cause children to
trespass onto land and be injured.
Smith v. Jones, N.C. 45, S. E. 2d 78
(1963). Here, the defendants goldfish
pond is clearly an attractive nuisance.
Therefore, the defendant may be
liable for an injury sustained by a
child in that pond.
Minor Premise
Missing : Middle Term
Major Premise
Example
Murder is the intentional killing of a human being.
State v. Jones, 12 N.C. 345, 34 S. E. 2d 56 (1929).
Here, the defendant is escaped convict who has
already serving a life sentence for the murder of a
police officer and was apprehended just two miles
from where the victims body was found. Therefore,
the defendant is guilty of murder.
Minor Premise
3. Irrelevant Conclusion
Example
My aunt wants to move somewhere
warm and buy property for her
retirement. She also wants to avoid a
high property tax. She had been
thinking about Texas, but the
property taxes are quite high there.
Therefore, she shouldnt move to
Texas-she should move to Florida.
It failed to substantiate the conclusion
Example
There is no such thing as a leaderless
group. Although the style of
leadership may change depending on
the situation, a leader will always
emerge or no task would ever be
accomplished.
4. False Cause
Example
Underground nuclear tests in
Nevada in 1951 precipitated dramatic
climactic change in the Southwest. In
that year alone, average annual
temperatures across the region rose
over two degrees Fahrenheit.
Example
The defendant fled the state just
hours after the crime was committed.
Therefore, he was clearly involved in
one way or another with its planning
and execution.
5. Overzealous application of a general rule.
Example Example
Sixty men can do a job sixty times as The First Amendment guarantees
quickly as one man. One man can dig freedom of speech. Therefore, our
a post-hole in sixty seconds. client can not be held liable for
Therefore, sixty men can dig a post- anything she has said.
hole in one second.
6. Hasty Generalization
Example
They say deep-fried food is bad for
you. Nonsense. Ive been eating corn
dogs and French fries my whole life,
and Im in perfect health.
Example
In the present case, the dog that
attacked the small child clearly had a
vicious propensity. Two years earlier,
that same dog had bitten postal
worker who came on the property to
deliver the mail.
7. Circular argument
Example I get the most
Conclusion
Three bank robbers are dividing up money
the proceeds from a recent heist. The
biggest, burliest, robber is sorting
hundred-dollar bills in three piles The leader gets the
between them. One for you, and one Major premise
most money
for you, and two for me One for
you, and one for you, and two for
me Another robber protests, How
come you get two and we only get Im the leader Minor premise
one? Because, Im the leader.
Well, how come youre the leader?
Because Ive got twice as much
money as either of you.
7. Circular argument
Example
Plato wrote: We must accept the
traditions of the men of old time who
affirm themselves to be offspring of
the gods that is what they say, and
they must surely have known their
own ancestors. How can we doubt
the word of the children of gods?

WE ARE THE CHILDREN OF GODS!!!

7. Circular argument
Example
The Supreme Courts power of
UK
judicial review is inherently
undemocratic. When unelected
judges reign supreme in the
US
exposition of the Constitution, it
cannot be said that we have a
government of the people, by the
people, and for the people.
8. Complex Question
- Occurs when the question itself is phrased to presuppose the truth.

Why is the free market so much more efficient than government regulation?

Presupposes that free Is the free market more

market is more efficient. efficient than the
government regulation?
8. Complex Question
- Occurs when the question itself is phrased to presuppose the truth.

Isnt it true that your sales increased dramatically after these misleading advertisements were published?

Isnt it true that your

Presupposes that the
advertisement is
misleading.
advertisements were
misleading?
Isnt it true that your sales
increased dramatically
after these advertisements
were published?
9. Ambiguity
SMALL
Using a key word or phrase to have
two or more different meanings in
the same argument.

Small animals
Example

An elephant is an animal. Therefore, a

small elephant is a small animal.

Small elephant
9. Ambiguity
Using a key word or phrase to have
two or more different meanings in
the same argument.

If we are to use a different word to the same

take
argument it will look like this;
counsel
take
means to
money No man will listen to and heed advice, but
listen to
means every man will listen to and heed money.
and heed
accept cash Therefore, money is better than advice.
advice
10. Composition
Mistakenly impute the attributes of a part of a whole to the whole itself.

A strand of rope is weak, and cannot possibly support the weight of a full-grown person. A rope is nothing but a
collection of weak strands. Therefore, a rope cannot possibly support the weight of a full-grown person.

It assumes that a collection of strands (the rope) must

share the attribute possessed by each individual strand
(weakness).
10. Composition
Mistakenly impute the attributes of a part of a whole to the whole itself.
The prosecution has offered nothing but circumstantial evidence. As we have seen, not one of these pieces of
evidence conclusively proves that my client committed the robbery. Therefore, the prosecution has not carried its
burden of proof beyond a reasonable doubt.

If considered together-
may prove well

Individual pieces of evidence

Insufficient to prove guilt
11. Division
Opposite of Composition

Mistakenly argue that attributes of a whole must also be present in each part.

A rope is strong, and can easily support the weight of a full-grown person. A rope is nothing but a collection of
Individual strands. Therefore, a strand of rope is strong, and can easily support the weight of a full-grown person.

STRENGTH
11. Division
Mistakenly argue that attributes of a whole must also be present in each part.

These owls are also animals, but not on

The spotted owl is the endangered species list.
disappearing.

This animal is a spotted

owl.

Therefore, this animal is

disappearing.
12. Argument from Ignorance.
- Maintains a proposition is true because it has not been proved false, vice-versa.

On the senate floor in 1950, Joseph McCarthy said of a State Department employee suspected to be a Communist,
there is nothing in the files to disprove his Communist connections.

Inability to disprove ones guilt cannot be taken to establish it.

Irrational and contrary to Justice system.

12. Argument from Ignorance.
- Maintains a proposition is true because it has not been proved false, vice-versa.

The Big Bang Theory is a complete and utter lie. This theory has been bandied about for decades and no one has
ever been able to point to any conclusive proof.

Absence of conclusive proof does not establish it as a lie.

It only establishes that its open for debate.

13. Attack Against the Person.
Thrust of an argument is directed to
the arguer, not the argument. Probative

Lets settle
Dont need your
evidence you
dirty piece of Scumbag
*&%#.. !!@
It may well establish credibility of the witness
But, it does not prove that he is lying in that
certain instance.

Even if the characterization is

correct, no bearing on evidence and
logical arguments offered.
14. Argument from Force.
- Argument is veiled in threats for logical persuasion.

White House Chief of Staff Howard Baker once opened a cabinet meeting over allegations of misconduct on the
part of Attorney General Ed Meese follows: The President continues to have confidence in the Attorney General
and I have confidence in the Attorney General and you ought to have confidence in the Attorney General, because
we work for the President and because thats the way things are. And if anyone has a different view of thathe can
tell me about it because were going to have to discuss your status.

Why should the cabinet

members have confidence in No explanation given.
the Attorney General?
15. Appeal to Emotion.
Expressive language designed to excite an
Pity is used in place of logical argumentation.
emotion.