Professional Documents
Culture Documents
Legal Technique and Logic Introduction and Fundamental Concepts in Legal Reasoning
Legal Technique and Logic Introduction and Fundamental Concepts in Legal Reasoning
Legal Technique and Logic Introduction and Fundamental Concepts in Legal Reasoning
RAMIREZ)
MIDTERM EXAM COVERAGE
1. INTRODUCTION
• Comes from Greek word “logos” which literally means “word” or “speech.”
• “branch of Philosophy”
1.3.2. Issues
1.3.3. Rules
• We look for material facts, which fit the elements of the rule.
1.3.5. Theories
• Same with rules, applicable legal theories can also be invoked to further
strengthen the legal argument
1.3.6. Analysis
• supposed to show the link between the rules and the facts we presented
to establish what we are claiming in our argument.
1.3.7. Conclusion
• The decisions of the courts in the resolution of such legal problem. • The
ultimate end of a legal argument. It is what the facts, rules and analysis of
the case amount to.
2. Fundamental Concepts in Legal Reasoning
2.1. Burden of proof (RULE 131 as amended)
• The equipoise rule provides that where the evidence in a criminal case is
evenly balanced, the constitutional presumption of innocence tilts the
scales in favor of the accused.
• The rule which states that when the evidence of the prosecution and the
defense are so evenly balanced the appreciation of such evidence calls
for tilting of the scales in favor of the accused.
• The evidence of the prosecution must be heavier to overcome the
presumption of innocence of the accused. The constitutional basis of the
rule is Bill of Rights which finds expressions in Sec. 1, par. (a), Rule 115 of
the 1985 Rules on Criminal Procedure as amended. To be presumed
innocent until the contrary is proved beyond reasonable doubt.
2.3. Evidence
• RULE 128
• Section 1. Preponderance of evidence, how determined. –In civil cases, the party having
the burden of proof must establish his or her case by a preponderance of evidence. In
determining where the preponderance or superior weight of evidence on the issues
involved lies, the court may consider all the facts and circumstances of the case, the
witnesses’ manner of testifying, their intelligence, their means and opportunity of
knowing the facts to which they are testifying, the nature of the facts to which they
testify, the probability or improbability of their testimony, their interest or want of
interest, and also their personal credibility so far as the same may legitimately appear
upon the trial. The court may also consider the number of witnesses, though the
preponderance is not necessarily with the greater number. (1a)
• Section 2. Proof beyond reasonable doubt. –In a criminal case, the accused is entitled to an
acquittal, unless his or her guilt is shown beyond reasonable doubt. Proof beyond
reasonable doubt does not mean such a degree of proof as, excluding possibility of
error,
produces absolute certainty. Moral certainty only is required, or that degree of proof
which produces conviction in an unprejudiced mind. (2a)
• Section 3. Extrajudicial confession, not sufficient ground for conviction. –An extrajudicial
confession made by an accused shall not be sufficient ground for conviction, unless
corroborated by evidence of corpus delicti. (3)
• Section 4. Circumstantial evidence, when sufficient. – Circumstantial evidence is sufficient
for conviction if:
(a) There is more than one [(1)] circumstance;
(b) The facts from which the inferences are derived are proven; and
(c) The combination of all the circumstances is such as to produce a conviction beyond
reasonable doubt. Inferences cannot be based on other inferences. (4a)
• Section 5. Weight to be given opinion of expert witness, how determined. –In any case
where the opinion of an expert witness is received in evidence, the court has a wide
latitude of discretion in determining the weight to be given to such opinion, and for that
purpose may consider the following:
(a) Whether the opinion is based upon sufficient facts or data;
(b) Whether it is the product of reliable principles and methods;
(c) Whether the witness has applied the principles and methods reliably to the facts of
the case; and
(d) Such other factors as the court may deem helpful to make such determination. (n) •
Section 6. Substantial evidence. – In cases filed before administrative or quasi-judicial
bodies, a fact may be deemed established if it is supported by substantial evidence, or that
amount of relevant evidence which a reasonable mind might accept as adequate to justify a
conclusion. (5)
• Section 7. Power of the court to stop further evidence. –The court may stop the
introduction of further testimony upon any particular point when the evidence upon it is
already so full that more witnesses to the same point cannot be reasonably expected to
be additionally persuasive. This power shall be exercised with caution. (6a)
• Section 8. Evidence on motion. – When a motion is based on facts not appearing of record,
the court may hear the matter on affidavits or depositions presented by the respective
parties, but the court may direct that the matter be heard wholly or partly on oral
testimony or depositions. (7)
• The Court's ruling in Lorenzana v. Lelina is instructive: The best evidence rule
requires that when the subject of inquiry is (sic) the contents of a document, no
evidence is admissible other than the original document itself except in the
instances mentioned in Section 3, Rule 130 of the Revised Rules of Court.
• Section 3. Original document must be produced; exceptions. – When the subject
of inquiry is the contents of a document, writing, recording, photograph or other
record, no evidence is admissible other than the original document itself, except
in the following cases:
(a) When the original is lost or destroyed, or cannot be produced in court,
without bad faith on the part of the offeror;
(b) When the original is in the custody or under the control of the party against
whom the evidence is offered, and the latter fails to produce it after reasonable
notice, or the original cannot be obtained by local judicial processes or
procedures;
(c) When the original consists of numerous accounts or other documents which
cannot be examined in court without great loss of time and the fact sought to be
established from them is only the general result of the whole;
(d) When the original is a public record in the custody of a public officer or is
recorded in a public office; and
(e) When the original is not closely-related to a controlling issue. (3a)
• Section 4. Original of document. –
(a) An “original” of a document is the document itself or any counterpart
intended to have the same effect by a person executing or issuing it. An
“original” of a photograph includes the negative or any print therefrom. If data
is stored in a computer or similar device, any printout or other output readable
by sight or other means, shown to reflect the data accurately, is an “original.”
(b) A “duplicate” is a counterpart produced by the same impression as the
original, or from the same matrix, or by means of photography, including
enlargements and miniatures, or by mechanical or electronic re-recording, or by
chemical reproduction, or by other equivalent techniques which accurately
reproduce the original.
c) A duplicate is admissible to the same extent as an original unless
(1) a genuine question is raised as to the authenticity of the original, or
(2) in the circumstances, it is unjust or inequitable to admit the duplicate
in lieu of the original. (4a)
• “to stand by and adhere to decisions and not disturb what is settled.” • Courts
follow what is known as “stare decisis” which literally means, “let the decision
stand.”
• is a judicial policy of adhering to the principles established in past cases.
3. Reasoning and its Methods
3.1 Argument
premise, intended to demonstrate that another statement, the conclusion, is true. • The
statements that serve as premises and conclusions are sometimes referred to as
“propositions.” Statements (or propositions) are declarative sentences.
• Arguments offer proof for a claim, or conclusion.
3.1.1. Premise/s
3.1.2. Conclusion
3.2.1. Definition
3.2.3. Causality
3.2.4.1. Meaning
3.2.4.2. Example
• For example, if it is shown that the witness had reacted in a particular way
in the past in similar situations, or has reacted in a particular way in
similar situation created in court, then, one can infer that he must have
reacted exactly in same way when the actual event had happened that
the witness was witnessing.
• This type of inference adds to the weight-age in argument in court.
• Similarly, when we are arguing any matter, we may come across previously
decided matters of same type in the same court, or higher court or
another court. We use the citation of these matters as case law or
precedent law to lead the judge to the conclusion we want, and the
procedure of inductive argument that we use in this type of matter is of
analogy. This is why it is said that Analogy is of great use in legal
arguments.
3.3.1. Definition
• Two propositions are said to be contraries if they cannot be both true, that is, if
the truth of either one entails that the other is false.
• The opposition of a pair of propositions so related to one another that they cannot
be simultaneously true but they can be simultaneously false. • The truth of one
excludes the truth of the other, but the falsity of one does not exclude the falsity of
the other.
• Universal attributive, or categorical propositions having the same subject and
predicate but differing in quality (A & E) are contraries.
• The Rules for Contraries:
1.) If one of two contraries is true, the other is false.
2.) If one is false, the other is doubtful.
that is, if they cannot be both true and they cannot be both false. • It is the
opposition of a pair of propositions so related to one another that they cannot be
either simultaneously true or simultaneously false.
• The truth of one excludes the truth of the other, and falsity of one exclude the
falsity of the other.
• Quantified attributive propositions having the same subject and predicate but
differing in both quality and quantity (A & O, E & I) are contradictories. • The Rules
for Contradictories:
1.) If one of two contradictory propositions is true, the other is
false. 2.) If one is false, the other is true.
• Two propositions that have the same subjects and the same predicate terms, and
agree in quality but differ only in quantity are subalterns.
• Subalterns are not, strictly speaking, opposites at all because neither the truth nor
the falsity of either of them excludes the truth or falsity of the other. • Both of them
can be true and both of them can be false.
• Propositions having the same subject, predicate and quality but differing in
quantity (A & I, E & O) are subalternates.
• The Rules for Subalternates:
1.) If the universal is true, the particular is true; but if the universal is false, the
particular is doubtful.
2.) If the particular is true, the universal is doubtful; but if the particular is false,
the universal is false.