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Legal Technique and Logic > Chapters 1-2 > Flashcards

Chapters 1-2 Flashcards

1
Q

What is logic?

A

Logic is the study of the principles and methods of good reasoning. It is a science of reasoning which aims to determine and lay down the criteria of good (correct) reasoning and bad (incorrect) reasoning.

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2
Q

Why is logic important?

A

We can clarify our ideas, assess the acceptability of the claims and beliefs we encounter, defend and justify our assertions and statements, and make rational and sound decisions.

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3
Q

Psychology v. Logic

A

Psychology deals more with HOW people reason. Logic studies the principles of good reasoning.

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4
Q

How is logic applied in the field of law?

A

In interpreting the constitution and statutes, when we balance fundamental principles and policies and when we evaluate evidence and make judgments to render legal decisions.

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5
Q

What is an argument?

A

It is a claim put forward and defended with reasons. It is a group of statements in which one statement is claimed to be true on the basis of another statement/s.

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6
Q

Conclusion v. premise

A

Conclusion - statement being claimed to be true

Premise - statement that serves as the basis or support of the conclusion

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7
Q

Explanation v. Argument

A

Explanation - attempt to show why something is the case
Argument - attempt to show that something is the case

*explanations are not meant to prove or justify the truth of a particular claim.

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8
Q

What is an issue?

A

Any matter of controversy or uncertainty; an issue is a point in dispute, in doubt, in question, or simply up for discussion or consideration.

Relevance of the premises depend on this.

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9
Q

According to Richard Neumann, what are the three parts of a rule?

A

1) A set of elements, collectively called a test
2) A result that occurs when all the elements are present (and the test is thus satisfied)
3) a causal term that determines whether the result is mandatory, prohibitory, discretionary, or declaratory

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10
Q

Stare decisis principle

A

Legal doctrine that obligates Courts to follow past decisions on similar cases

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11
Q

What is a non sequitur?

A

A conclusion or reply that doesn’t follow logically from the previous statement.

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12
Q

What are the components of legal reasoning?

A
  1. Issue
  2. Ruling
  3. Facts
  4. Analysis (How applicable are the facts to the said rule?)
  5. Conclusion (What is the implication of applying the rule to the given facts?) - ultimate end of a legal argument
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13
Q

What are some of the things to consider in the analysis?

A

a. intent b. overt acts c. pattern of conduct d. emotional distress

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14
Q

Argumentum ad ignoratio elenchi or ignoration elenchi

A

Irrelevant conclusion

  • missing the point
  • fails to address the issue at hand
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15
Q

Criteria for evaluating correct/incorrect legal reasoning?

A

Truth and logic
1. presentation of facts which pertains to the question of truth and 2. inference (deriving a legal claim or judgment from the given laws and facts) which pertains to the question of logic

1 - Are the premises provided in the argument true or acceptable? - legal reasoning shall be grounded on truth and genuine facts
2 - Is the reasoning of the argument correct or logical? Does the conclusion of the argument logically follow from its premises?

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16
Q

Burden of proof

A

It is the duty of any party to present evidence to establish his claim or or defense by the amount of evidence required by law, which is preponderance of evidence in civil case.

Burden of proof always lies on those who asserts something because he who denies a fact cannot produce any proof of it.

Burden of proof is the duty of the party alleging to prove his claim.

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17
Q

Equipoise doctrine

A

When the evidence of the parties are evenly balanced or there is doubt on which side the evidence preponderates, the decision should be against the party with the burden of proof.

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18
Q

Evidence

A

Evidence is the means sanctioned by the Rules of Court, of ascertaining in a judicial proceeding the truth respecting a matter of fact.

Can be a document or by testimony of witness

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19
Q

Best evidence rule

A

Rule 130, Section 3 of Rules of Court
applies only when the CONTENT of such document is the subject of inquiry. Where the issue is only as to whether such document was actually executed, or exists, or on the circumstances relevant to or surrounding its execution, the best evidence rule does not apply and testimonial evidence is admissible.

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20
Q

Admissibility and Relevance

A

Admissible if relevant to the issue and not excluded by provision of law or by the Rules of Court

Relevance - must have such a relation to the fact in issue as to induce belief in its existence or non-existence (credible dapat)

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21
Q

Testimony of Witnesses

A

Witness must have personal knowledge

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22
Q

Expert Testimony

A

Statements made by individuals who are considered experts in a particular field.

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23
Q

Methods of Examination

A

Direct examination by the proponent
- exam by the party presenting him on the facts relevant to the issue
Cross-examination by opponent
- by the adverse party to test accuracy, truthfulness, and freedom from bias
Re-direct examination by the proponent
- to explain or supplement established facts
Re-cross-examination by the opponent

After this had been concluded, the witness cannot be recalled unless there is leave of court

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24
Q

Dependence on Precedents

A

Stare decisis et non quieta movere. “to stand by and adhere to decisions and not disturb what is settled”

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25
Q

What’s more important in legal reasoning? Legal basis or facts?

A

Legal basis. It is the premise.

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26
Q

Generally how many premises do we have?

A

2 distinct premises because it would be vague to mash 2 ideas into one.

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27
Q

How to answer bar questions

A

ALC.

Legal basis - elements; do not explain here just yet!!!

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28
Q

Deduction v. Induction

A

Generally, deduction moves from general premises to particular conclusions, whereas induction moves from particular premises to general conclusions.

BUT NOT ALWAYS.

What makes an argument deductive or inductive is not the pattern of particularity or generality in the premises and conclusion. Rather, it is the type of support the premises are claimed to provide for the conclusion.

29
Q

What is a syllogism?

A

A syllogism is a three-line argument - two premises and a conclusion.

“In every criminal case, a judge should come to a perfect syllogism: the major premise should be the general law; the minor premise, the act, which does or does not conform to the law; and the conclusion, acquittal or condemnation.”

30
Q

Two types of syllogism?

A

Categorical and hypothetical.

A categorical syllogism is a syllogism composed of categorical statements alone while a hypothetical syllogism includes both categorical and hypothetical statements.

A categorical statement is a statement that directly asserts something or states a fact without any conditions. Its subject is simply affirmed or denied by the predicate.

A hypothetical statement is a compound statement which contains a proposed or tentative explanation.

31
Q

Parts of a Categorical Syllogism

A
  1. Minor term (s) - the subject of the conclusion or subject term
  2. Major term (p) - the predicate of the conclusion or the predicate term
  3. Middle term (m) - the term found in both premises and serves to mediate between the minor and major terms
32
Q

Kinds of Statements in a categorical syllogism

A

Minor premise, major premise, conclusion

33
Q

Rules for the validity of categorical syllogisms

A
  1. The syllogism must not contain two negative premises
  2. There must be three pairs of univocal terms
    (term that has different meanings in its occurrences is an equivocal term; term that has the same meaning in different occurrences is univocal)
  3. The middle term must be universal at least once.
  4. If the term in the conclusion is universal, the same term in the premise must also be universal.
34
Q

Kinds of hypothetical syllogism

A
  1. Conditional syllogism
  2. Disjunctive syllogism
  3. Conjunctive syllogism
35
Q

What is conditional syllogism?

A

A syllogism in which the major premise is a conditional statement.

36
Q

Two valid forms of conditional syllogism

A
  1. Modus ponens - when the minor premise affirms the antecedent, the conclusion must affirm the consequent
  2. Modus tollens - when the minor premise denies the consequent, the conclusion must deny the antecedent.
37
Q

What is an enthymeme?

A

The kind of argument that is stated incompletely, part being “understood” or only “in the mind.”

38
Q

What is a polysyllogism?

A

Piling of one syllogism on tope of another. It is a series of syllogisms in which the conclusion of one syllogism supplies a premise of the next syllogism.

39
Q

How can evidence be admitted? What attributes or characteristics of evidence will be accepted by court?

A

Admissible and relevant.

40
Q

What are the kinds of evidence?

A
  1. Object Evidence
    - those addressed to the senses of the court
    - 5 senses: sense of sight, sense of touch, sense of hearing, sense of smell, sense of taste
    - Rule 130, Section 1
  2. Documentary Evidence
    - consist of writings, recording, photographs or any material containing letters, words, sounds, numbers, figures, symbols, or their equivalent, or other modes of written expressions offered as proof of their contents. Photographs include still pictures, drawings, stored images, x-ray films, motion pictures or videos
    - Rule 130, Sec. 2
  3. Testimonial Evidence
    - a person’s testimony offered to prove the truth of the matter asserted
    - Rule 130, Sec. 21
41
Q

Example: Show a contract that has been made in court. Is that object evidence or documentary evidence?

A

Object evidence if the purpose is to show the mere existence of the contract.

Documentary if the nature of stipulations is needed.

42
Q

Are witnesses required in documentary evidence?

A

Yes. To authenticate the documents. Yung mga nagsign yung witnesses. Someone has to testify.

43
Q

What is the best evidence rule?

A

Amended as ORIGINAL DOCUMENT RULE now.

44
Q

Relevance of the original document rule

A

Photocopies may be tampered.

45
Q

If for example you and your friends signed different documents of the same content to furnish each of you original copies. Are they all considered original documents?

A

Yes.
Mark the first as the original. The one you actually read. Because in some instances, they will fool you that all of the documents have the same content when they don’t. (gago)

Lagay mo lang original sa taas ng document, tapos underline.

Advice: Put stipulation sa contract kung ano mangyayari pag hindi naimplement ng maayos yung agreement.

46
Q

When will photocopy be admissible as evidence?

A

Rule 130, Sections 5-9

Advice: Do not give the court custody of your original documents kasi nadidispose din sya. Submit photocopy but present the original din and then asked that the photocopy be marked.

47
Q

What is evidence?

A

Evidence is the means, sanctioned by these rules, of ascertaining in a judicial proceeding the truth respecting a matter of fact.

48
Q

How is evidence presented to the Court?

A

Examination of witnesses is done in open court orally. It is under oath or affirmation. It is also recorded.

*Witnesses cannot be recalled without leave of court.

49
Q

What happens before there is trial?

A

Pleadings will be made before the Court can admit a trial.

A complaint is filed and raffled to the Courts. Then there will be arraignment and pre-trial.

Pre-marking of evidence as temporary, preliminary or probationary.

Annex letters for complainant and annex numbers for respondent with sub-markings, if any.

50
Q

Explain what goes about in a trial

A

First, the petitioner will present their evidence and judicial affidavit, if any.

Direct examination, cross examination, re-direct examination, re-cross examination for each witness.

Other party will present evidence.

If a party loses, he may file for reconsideration. If he still loses, appeal.

51
Q

What is a reverse trial?

A

In a reverse trial, the defendant presents evidence first. This happens in cases of self-defense.

Basta the general rule is: the person who has the burden of proof shall present first.

52
Q

HI JUST A REMINDER TO ALWAYS HAVE A RECEIVING COPY OF YOUR DOCUMENTS NO MATTER HOW BASIC THE DOCUMENT IS

A

Ok thanks :)

53
Q

What is a formal offer of evidence?

A

A formal offer of evidence conveys to the judge the purpose/s for which an evidence is being presented and allows the court to pass judgment on its admissibility should the adverse party object to the evidence after examining it.

It is significant to outline which parts of the evidence only need to be mentioned.

54
Q

T or F. Documents have no value unless testified on.

A

True.

55
Q

Can evidence be accepted without a formal offer of evidence?

A

No.

56
Q

What is an ephemeral evidence?

A

Ephemeral evidence is not susceptible to recording.

57
Q

2-notice rule

A

Notice to explain and notice of dismissal

58
Q

When an electronic evidence is printed, is it considered secondary?

A

Not if it was printed straight from the original source.

59
Q

What if you printed a document without saving it on your laptop? Will the photo of that document be considered still original?

A

No, because the photo is already a generated version.

60
Q

If you photographed a memorandum posted on a bulletin board to prove its mere existence, is this secondary evidence?

A

Not if you’re only proving its existence. That is why purpose of a particular evidence needs to be presented in the formal offer of evidence.

61
Q

Judicial Affidavit Rule

A

The Judicial Affidavit Rule requires that direct examination of a witness, which is the examination-in-chief of a witness by the party presenting him on the facts relevant to the issue, shall be in the form of judicial affidavits, subject to the usual mode of cross-examination.

62
Q

Continuous Trial Rule

A

It requires that arraignment and pre-trial be done within 10 days for detainees, and within 30 days for non-detainees. Trial proper should last only for 180 days, while the judgment should be promulgated within 90 days of terminating the trial.

63
Q

Examples of ephemeral evidence

A

Text, blog, IG post, FB post, comments.

*unless recorded through a SS (but still secondary)

64
Q 
Identify which documents are original and secondary:
Email
Print-out
Screenshot
Print-out of screenshot
A

Email - original
Print-out - original
Screenshot - secondary
Print-out of screenshot - secondary

65
Q

Exceptions to the original document rule

A
  1. When the original is lost or destroyed or cannot be produced in court, without bad faith from the offeror
  2. When the original copy is under the custody of the opposing party and the latter fails to produce the copy
  3. When only the general summary of the document is needed
  4. When the original file is of public record
  5. When the original copy is not closely-related to a controlling issue
66
Q

What is a duplicate?

A

A counterpart produced by the same impression as the original.

67
Q

Parol Evidence Rule

A

The parol evidence rule governs the extent to which parties to a case may introduce into court evidence of a prior or contemporaneous agreement in order to modify, explain, or supplement the contract at issue. The rule excludes the admission of parol evidence.

a. intrinsic ambiguity, mistake or imperfection in the written agreement
b. failure of the written agreement to express the true intent and agreement of the parties thereto
c. validity of the written agreement
d. existence of other terms agreed to by the parties or their successors in interest after the execution of the written agreement

68
Q

When can a spouse testify against the other?

A

In a civil case by one against the other or in criminal case for a crime committed by one against the other or the latter’s direct descendants or ascendants.

Legal Technique and Logic (1 decks)

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