Logic Flashcards
Define Logic, according to Aristotle
An instrument for knowing and explaining truth
Define Logic, according to St. Thomas Aquainas
Common sense (natural Logic) Every person has it
Define thoughts
Concepts conveyed through words which complete the concept by expressing it outwardly and making it known.
Define concepts
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
Define language
Medium by which thoughts are conveyed from one person to another
Define legal language
Medium by which legal thoughts or truths are conveyed from one person to another in legal communication, transactions or proceedings
Define truth
The conformity of the mind with the order of things outside of the mind
T/F
Truth is not the same as correctness
True
Define correct inference
Said to be logical, implying conformity with rules
Define logical inference
Process of drawing a conclusion from related premises or propositions
Define deductive reasoning
- Deduces a general conclusion from a series of related particular truths
- States the propositions from particular to general
Define deductive inference
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
Define syllogism
A group of propositions which one is claimed to follow from the others
Define premises
These are assumptions supporting the conclusion
Define premises
These are assumptions supporting the conclusion
Define major premise
A precedent explaining the truth
-rule of law, the standard to be met
Define major premise
A precedent explaining the truth
-rule of law, the standard to be met
Define minor premise
- States the truth respecting a matter of fact
- the facts that happen
Define conclusion
- states the truth
- directly draws truths from the minor and major premises.
- logical conclusion that follows applying the law on the facts
Define evidence
Means a matter of ascertaining the truth respecting a matter of fact
Define proof
- The effect of evidence
- the truth respecting a matter of fact
Define fact
- 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.
Define factual recital
Constitutes the ground of the judgement
Define ground in Legal Logic
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
Define warrant in legal logic
What authorizes the drawing of certain conclusion from a given set of facts.
-step-authorizing statement
Define warrant of conclusioks
The law or relevant rule that authorizes that a conclusion be drawn from the facts adduced in evidence
Define stare decisis
Obligates the court to follow historical cases when making a ruling
Define stare decisis
Obligates the court to follow historical cases when making a ruling
Define Backing in Legal Logic
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.
What is obiter dictum?
Means observations made by the judge not essential for decision reached
What is ratio decidendi?
Principle of law formulated by judge for purpose of deciding problem
T/F
The conclusion is true because the reasoning is erroneous but because the legal or major premise is not properly quantified
False.
The conclusion is false because the reasoning is erroneous but because the legal or major premise is not properly quantified
What does stare decisis get quieta non movere?
Stand by what has been decided & don’t disturb the established
T/F
It is necessary that all facts of the case at bar correspond to the facts in the judicial precedent.
False
It is not necessary that all facts of the case at bar correspond to the facts in the judicial precedent.
T/F
It is of the essence though that the key facts be similar and the constellation of facts be also similar
True
Define key facts
Facts that produce a result which, if otherwise would yield a different result
What’s constellation of facts
The arrangement of facts and their relation to each other
These are considerations depended on whether differences are significant or similar
- Equity
2. Fairness
It is the heart of common law, according to Senior Circuit judge Aldisert of the US Court of Appeals
Inductive reasoning
What is false in unu, falsus in omnibus?
False in one thing, false in everything
What is cumulative evidence?
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
