Legal reasoning & Fallacies Flashcards

(31 cards)

1
Q

Major Premise in syllogism but _______ in legal reasoning.

A

Statement of law

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2
Q

Minor premise in syllogism but _______ in legal reasoning

A

Statement of facts

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3
Q

Conclusion in syllogism but ________ in legal reasoning

A

Applying the law to the facts

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4
Q

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.

A

True

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5
Q

An error in reasoning

A

Fallacy

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6
Q

A fallacious argument is one that may appear correct, but on examination proves not to be so.

A

True

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7
Q

This fallacy arises when the authority invoked has no legitimate claim in the matter at hand.

A

Appeal to inappropriate authority

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8
Q

Occurs when we cite the opinion of an expert in a matter outside of his/her expertise.

A

Appeal to inappropriate authority

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9
Q

The conclusion should connect the major and minor premise.

A

Disconnected premises

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10
Q

Also called as non-sequitur

A

Irrelevant conclusion

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11
Q

Occurs when the premises “miss the point” and fail to substantiate the conclusion, instead supporting some other, perhaps unstated, conclusion.

A

Irrelevant conclusion

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12
Q

Consists in treating something as a cause that is not or should not be assumed to be a cause.

A

False cause

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13
Q

The mistake often lies on failing to recognize that there may be exceptions to a general rule.

A

Overzealous application of a general rule

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14
Q

Too broad, doesn’t mind the other variation of that rule.

A

Hasty generalization

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15
Q

Generalizing because you see factual observation

A

Hasty generalization

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16
Q

One assumes the truth of what one seeks to prove in the very effort to prove it.

A

Circular argument

17
Q

Also known as “begging the question”.

A

Circular argument

18
Q

Using your own conclusion to justify your conclusion.

A

Circular argument

19
Q

When the question itself is phrased in such a way as to presuppose the truth of a conclusion behind in that question.

A

Complex question

20
Q

“dividing the question”

A

Complex question

21
Q

Using keyword or phrase with two or more different meanings in the same argument.

22
Q

using the attribute part to describe the whole

23
Q

Occurs when we mistakenly argue that attributes of a whole must also be present in each part of constituent of that whole.

24
Q

A proposition is true because it has not been proven yet .

A

Argument from ignorance

25
Using force, coercion, intimidation for your argument to proceed.
Argument from force
26
"just the way things are"
Argument from force
27
Thrust the argument is direct at the person who asserts or defends it.
Attack against the person
28
Also known as "ad hominem"
Attack against the person
29
Only considering the feeling of the person not the argument.
Appeal to the emotion
30
Emotional manipulation
Appeal to the emotion
31
Expressive language designed to excite an emotion and sets aside logic.
Appeal to the emotion