HIPOLITO, RIA N.

JD 1B
LEGAL WRITING

ASSIGNMENT NO. 1 – FALLACY

Deductive Fallacy – presents an error in deductive reasoning, in that the conclusion arrived at is
logically flawed or absurd.

Types of Deductive Fallacy

1. Fallacy of the Illicit Major – happens when the major term is “particular” in the major
term, but is “universal” in the conclusion.

Example : All lions live in the wild.

Tigers are not lions.
Therefore, tigers do not live in the wild.

2. Fallacy of the Illicit Minor – happens when the minor term is “particular” in the minor
premise but becomes universal in the conclusion.

Example : All meats are pork.

All chicken are meats.
Therefore, all chickens are porks.

3. Fallacy of the undistributed middle – occurs when the middle term remains particular in
both premises.

Example : All Koreans eats Kimchi.

Danny loves eating Kimchi.
Therefore, Danny is a Korean.

INFORMAL FALLACY – is an error in reasoning occurring within non-traditional forms of

inference.

Types of Informal Fallacy

1. Ad Hominem – is an argument rejecting a person’s views by attacking or abusing his
personality, character, motives, intentions, qualifications, etc.

Example : We should not believe that he did not steal the wallet.
After all, he is a former snatcher.
2. Ad Hominem Tu Quoque – argues that a person’s claim is false because it is inconsistent
with what that person’s earlier statement or action.

Example : Do not believe that she is a non-smoker.

I saw a pocket of cigarette in her bag.

3. Appeal to Authority – happens when one appeals authority in order to gain acceptance or
when one appeals to the feelings of reverence or respect we have of those in authority.

Example : I use Korean products because Simply Raze,

my favorite Youtube influencer uses it.

4. Appeal to Belief – is the argument that because many people believe in a claim, that
claim must be true.

Example : Majority of the parents believe that you will get sick if you
get soaked in the rain. So, children are not allowed to go out and
play in the rain.

5. Appeal to Common Practice – argues that if most people do an act, it must be morally
correct.

Example : It’s okay to be late. After all, everybody else gets late.

6. Appeal to Consequences of a Belief – argues that a belief is true if it leads to desirable

consequences.

Example : I put a one-peso coin in my shoes because I believe that it

will not make me nervous during reporting. But it’s not the reason
why I did well on my report, I just study and prepared for it.

7. Appeal to Emotion – deliberately generates feelings in people so that they will act in a
certain way.

Example : Jai: Mama, I don’t want to go to school.

Mama: You have to go to school, think of the beggar
you saw earlier. Do you want to be like him?

8. Appeal to Fear – argues that a belief is true, or at least acted on, not because there is a
“rational reason” to believe it is true, but because of external factors.

Example : Duterte: We have to prevent the spread of Covid-19.

 So, if you go out of your houses and you are not an
APOR and the purpose of your going out is not
necessary, I will send you all to jail.

9. Appeal to Flattery – argues that there are persons who arrive at conclusions, or act in a
certain way.

Example : Boss: Hi, good morning.

Employee: Good morning, ma’am. You look fresh and
beautiful today. I sent you the draft of the business
proposal, have you seen it?

10. Appeal to Novelty – argues that a thing or idea is necessarily better simply because it is
new.

Example : Rei: We should get the new I-phone 13.

They say it’s got all the apps you need, especially
for online classes. Everybody at school is talking
about it.

11. Appeal to Pity – argues that some persons conclude or make decisions solely on pity, and
not on evidence.

Example : Police: Where’s your license?

Violator: I am sorry, sir. My mother is in the hospital
and she needs me.
----
PAO: Your Honor, may I just reiterate that the
accused is a single parent. She is also a breadwinner
to her four siblings.

12. Appeal to popularity – argues that a claim or idea is true simply because more people are
inclined to accept such claim or idea.

Example : Ria: Do you want some?

Janice: No, thank you. I am on a diet.
Ria: Why don’t you try the lowcarb method.
They say it’s effective. Everybody’s doing it.

13. Appeal to Ridicule – argues that ridicule, or the idea of being laughed at, may serve as
basis for one’s decision.
 Example : Toni: Babe, change your clothes.
You look like a prostitute.

14. Appeal to Spite – argues that spite, or hate, may substitute reason in coming up to a
conclusion.

Example : Ben: Will you be attending the reunion?

Tom: Yeah, Christian invited me.
Ben: Christian? Didn’t he the one who bullied you
during then? He put frog on your bag, right?
Ben: Yes, he was. Okay, I will not attend anymore.

15. Appeal to Tradition – argues that the idea is necessarily better simply because it is older,
more “tested and tried” because it had been used years over.

Example: My family is a family of lawyers so I need to take up Law

to be one.

16. Bandwagon – argues that rejection may influence one’s decision or conclusions.

Example: I don’t want to get vaccinated. Some of my friends are not

getting vaccinated. They said we will turn into zombies.

17. Begging the Question – a fallacy where the conclusion is assumed in the premises.

Example: She is a BTS army. After all, she always watches Kdramas.

18. Biased Sample – is committed when a conclusion is taken from a sample, which in turn
was taken from a clearly biased source.

Example: The judge wanted to know if the KKDK program is

beneficial to the accused who entered into plea
bargaining, so she asked the Jail Warden Chief.

19. Burden of Proof – argues that something is true because no one has proved it to be false,
or arguing that something is false because no one proved it to be true.
Example: Andrei believes in reincarnation. Amy told her it is not
true. Andrei countered, there is no evidence of such.

20. Circumstantial Ad Hominem – attacks any person’s claim by saying that it is done out of
self-interest.

Example: Brent tells his teacher if they could conduct the class
 asynchronously because the typhoon is strong and internet
connections are affected. Calvin says that Brent’s internet
connection was cut due to unpaid bill.

21. Composition – argues that what is true of a part is likewise trye of the whole itself.
Example: Drug addicts are being incarcerated.
That man is a drug addict.
He will soon be incarcerated.

22. Confusing cause and effect argue that just because the events occur together, one must be
the cause and the other.

Example: Stress is causing illness. People confined in the hospital are

ill because of stress. So, stress can cause illness.

23. Division – argues that what is true of the whole is necessarily true of its parts.

Example: My son who studies at Glendale Elementary School always

brings apple for his baon. Your son also studies there, so he must
be bringing apple as well.

24. False Dilemma – argues that there could only be two choices for the problem, or when
one attempts to make the middle point between two extremes as one of the extremes.

Example: You either like Kdramas or you don’t.

25. Gambler’s Fallacy – argues that each event is independent of its previous happening.

Example: Luis had failed his bar exams twice.

I think this time he will pass it.
26. Genetic Fallacy – argues that the origin of a thing is identical with that from which it
originates.

Example: My mother told me that all boys lack budget skills,

so, I believe her.

27. Guilt by Association – argues that an idea should not be accepted simply because among
those who accept the idea are people one does not like.

Example: Harry will vote for Cris Dela Cruz for mayor. But he learns that he
is a womanizer, so he changes his mind and he will not vote for
him.
28. Hasty Generalization – occurs when a statement is asserted which is based on limited
information, inadequate evidence or unrepresentative sampling.

Example: During a flight in PAL airline, you encountered a rude

flight attendant. You sent a text message to your friend that you
will not fly again with PAL because all their staffs are rude.

29. Ignoring a Common Cause – happens when a conclusion is made that A cause B simply
because A and B are regularly associated or connected.

Example: Yarri always experiences having a cough. She thinks it’s because
of her dirty aircon. In reality, she has an asthma.

30. Middle Ground – it happens when the arguer assumes that the mean between two
extremes positions must be the correct position.

Example: Husband believes that he should be fixing the cabinet and

that his wife should do the laundry. Wife thinks that she should fix
the cabinet and her husband do the laundry. The solution is, they
should sometimes exchange chores.

31. Misleading Vividness – occurs when a person decided based on a few dramatic or
emotional events rather than on the evidence presented.

Example: In a company building, Karen arrived early being a new

employee. She went to the office canteen and saw a rat running out
of the canteen. There comes another new employee and she told
her not eat at the canteen because the foods there are dirty because
of rats.

32. Personal Attack – happens when abusive remarks against the speaker take the place of
objective evidence.

Example: Duterte said that Mayor Isko should not run for the Presidency as
he is not a good example for the youth because of his naked
pictures posted in some magazines.

33. Poisoning the Well – happens when one discredits what a speaker will have to say in the
future by giving in advance an unfavourable information about the speaker.

Example: Stephen is courting you? I think he is a bit different. Just

observe him first.
34. Post Hoc Ergo Propter Hoc – argues that just because event A occurred ahead of time,
event A was the cause of event B.

Example: Hidilyn has a miracle necklace given by her

grandmother. She’s been winning the beauty contest since then.
She thinks it’s because of the necklace.

35. Questionable Cause – argues that because two things are associated on a regular basis,
one is the cause of the other.

Example: Jane wore a purple shirt during an interview, she failed to

take the job. Jane thinks purple shirts brings badluck to her.

36. Red Herring – happens when a topic foreign to the issue is suddenly introduced in order
to divert attention from the original issue.

Example : John : Wow, an LV bag! You said you won’t buy this
because it’s cost a lot.

Carlo: Yeah, but it’s on sale.

37. Relativist Fallacy – occurs when a person dismisses a claim by saying that while the
claim may be true for other people, it may not work for him.

38. Slippers Slope – argues that once a person allows an event to happen, anther event will
inevitably follow.

Example : Harry: Dad, stop taking so many coffees.

It’s bad for your health.
Dad: It’s just coffee and I am always healthy.

39. Special Pleading – argues that rules or principles only apply to others but not to oneself
without giving relevant reason.

Example : I know that stealing is wrong, but I don’t have and

I am starving.

40. Spotlight – occurs when one assumes that those who receive the most media attention are
representatives of the group they belong.

Example : Talibans are brutal. They massacred the Hazara men,

haven’t you heard of that, they are all over the news?
41. Straw man – presents an opponent’s position in a weak or absurd way so that it can
easily be refuted.

Example : (in a shopping mall)

Jai: I want to buy the backpack.

Clyde: Why? You don’t like sling bag?

42. Two Wrongs Make a Right – argues that if the other party did illegal things, then it is
okay for one to make an illegal activity.

Example : (on a checkpoint)

Policeman: Sir, can you please wear your face mask and
face shield?

Toni: Why? Should I wear both my face mask and

face shield, you are not even wearing a face shield
and you are not wearing your mask properly but I
did not question you.