Legal reasoning & Fallacies Flashcards
(31 cards)
Major Premise in syllogism but _______ in legal reasoning.
Statement of law
Minor premise in syllogism but _______ in legal reasoning
Statement of facts
Conclusion in syllogism but ________ in legal reasoning
Applying the law to the facts
In order for a syllogism to be valid, it must be logically impossible for its premises to be true and its conclusion to be false.
True
An error in reasoning
Fallacy
A fallacious argument is one that may appear correct, but on examination proves not to be so.
True
This fallacy arises when the authority invoked has no legitimate claim in the matter at hand.
Appeal to inappropriate authority
Occurs when we cite the opinion of an expert in a matter outside of his/her expertise.
Appeal to inappropriate authority
The conclusion should connect the major and minor premise.
Disconnected premises
Also called as non-sequitur
Irrelevant conclusion
Occurs when the premises “miss the point” and fail to substantiate the conclusion, instead supporting some other, perhaps unstated, conclusion.
Irrelevant conclusion
Consists in treating something as a cause that is not or should not be assumed to be a cause.
False cause
The mistake often lies on failing to recognize that there may be exceptions to a general rule.
Overzealous application of a general rule
Too broad, doesn’t mind the other variation of that rule.
Hasty generalization
Generalizing because you see factual observation
Hasty generalization
One assumes the truth of what one seeks to prove in the very effort to prove it.
Circular argument
Also known as “begging the question”.
Circular argument
Using your own conclusion to justify your conclusion.
Circular argument
When the question itself is phrased in such a way as to presuppose the truth of a conclusion behind in that question.
Complex question
“dividing the question”
Complex question
Using keyword or phrase with two or more different meanings in the same argument.
Ambiguity
using the attribute part to describe the whole
Composition
Occurs when we mistakenly argue that attributes of a whole must also be present in each part of constituent of that whole.
Division
A proposition is true because it has not been proven yet .
Argument from ignorance