Logic

Question 1

Define Logic, according to Aristotle

Answer 1

An instrument for knowing and explaining truth

Question 2

Define Logic, according to St. Thomas Aquainas

Answer 2

Common sense (natural Logic)
Every person has it

Question 3

Define thoughts

Answer 3

Concepts conveyed through words which complete the concept by expressing it outwardly and making it known.

Question 4

Define concepts

Answer 4

The sum of which makes up knowledge, the truth we know through words used in a phrase, sentence, statement, declaration, premise, proposition, speech or languag

Question 5

Define language

Answer 5

Medium by which thoughts are conveyed from one person to another

Question 6

Define legal language

Answer 6

Medium by which legal thoughts or truths are conveyed from one person to another in legal communication, transactions or proceedings

Question 7

Define truth

Answer 7

The conformity of the mind with the order of things outside of the mind

Question 8

T/F

Truth is not the same as correctness

Answer 8

True

Question 9

Define correct inference

Answer 9

Said to be logical, implying conformity with rules

Question 10

Define logical inference

Answer 10

Process of drawing a conclusion from related premises or propositions

Question 11

Define deductive reasoning

Answer 11

• Deduces a general conclusion from a series of related particular truths
• States the propositions from particular to general

Question 12

Define deductive inference

Answer 12

Draws a particular conclusion from universal truth stated as premise.

• A particular conclusion applies to an indeterminate portion of totality
• states propositions from general to particular
• expressed in the form of syllogism

Question 13

Define syllogism

Answer 13

A group of propositions which one is claimed to follow from the others

Question 14

Define premises

Answer 14

These are assumptions supporting the conclusion

Question 14

Define premises

Answer 14

These are assumptions supporting the conclusion

Question 15

Define major premise

Answer 15

A precedent explaining the truth

-rule of law, the standard to be met

Question 16

Define major premise

Answer 16

A precedent explaining the truth

-rule of law, the standard to be met

Question 17

Define minor premise

Answer 17

• States the truth respecting a matter of fact

- the facts that happen

Question 18

Define conclusion

Answer 18

• states the truth
• directly draws truths from the minor and major premises.
• logical conclusion that follows applying the law on the facts

Question 19

Define evidence

Answer 19

Means a matter of ascertaining the truth respecting a matter of fact

Question 20

Define proof

Answer 20

• The effect of evidence

- the truth respecting a matter of fact

Question 21

Define fact

Answer 21

• A thing done, an action performed or an incident transpiring
• a event or circumstance, an actual occurrence, an actual happening in time or space, or an event mental or physical some of which need not be proved.

Question 22

Define factual recital

Answer 22

Constitutes the ground of the judgement

Question 23

Define ground in Legal Logic

Answer 23

A statement specifying particular facts about a situation that is invoked to establish the truth, the correctness or soundness of the claim

-specific facts relied on to support a given claim

Question 24

Define warrant in legal logic

Answer 24

What authorizes the drawing of certain conclusion from a given set of facts.

-step-authorizing statement

Question 25

Define warrant of conclusioks

Answer 25

The law or relevant rule that authorizes that a conclusion be drawn from the facts adduced in evidence

Question 26

Define stare decisis

Answer 26

Obligates the court to follow historical cases when making a ruling

Question 27

Define stare decisis

Answer 27

Obligates the court to follow historical cases when making a ruling

Question 28

Define Backing in Legal Logic

Answer 28

Used by one who invokes a body of experience that is relied on to establish the trust worthiness o f one’s wat of arguing.

Question 29

What is obiter dictum?

Answer 29

Means observations made by the judge not essential for decision reached

Question 30

What is ratio decidendi?

Answer 30

Principle of law formulated by judge for purpose of deciding problem

Question 31

T/F

The conclusion is true because the reasoning is erroneous but because the legal or major premise is not properly quantified

Answer 31

False.

The conclusion is false because the reasoning is erroneous but because the legal or major premise is not properly quantified

Question 32

What does stare decisis get quieta non movere?

Answer 32

Stand by what has been decided & don’t disturb the established

Question 33

T/F

It is necessary that all facts of the case at bar correspond to the facts in the judicial precedent.

Answer 33

False

It is not necessary that all facts of the case at bar correspond to the facts in the judicial precedent.

Question 34

T/F

It is of the essence though that the key facts be similar and the constellation of facts be also similar

Answer 34

True

Question 35

Define key facts

Answer 35

Facts that produce a result which, if otherwise would yield a different result

Question 36

What’s constellation of facts

Answer 36

The arrangement of facts and their relation to each other

Question 37

These are considerations depended on whether differences are significant or similar

Answer 37

1. Equity

2. Fairness

Question 38

It is the heart of common law, according to Senior Circuit judge Aldisert of the US Court of Appeals

Answer 38

Inductive reasoning

Question 39

What is false in unu, falsus in omnibus?

Answer 39

False in one thing, false in everything

Question 40

What is cumulative evidence?

Answer 40

Concurrence of indicators isore reliable accompanied by a constant willingness to re-think one’s position that in turn, presupposes a healthy intellectual humility and reticence