Argumentative brief Document containing all the evidences and arguments, arranged in

logical sequence, on a given side of a given proposition.

-

Impersonal, in the sense that it is not intended to fit any particular

audience and it is prepared without audience in mind.

Purpose of AB - prepared either for: 1. To serve as a whole statement of the case

without additional comment of any kind. 2. To serve as a whole statement of the intellectual
side of the case as a basis of an oral discussion of the question in full.
Legal Brief
- Document prepared by the lawyer either of the appellant or appellee in
connection with a case appealed to the Court of Appeals of Supreme Court.
Purpose of LB - as the basis of the oral argument or as the complete presentation of the
case.
Contents of LB
1.
2.
3.
4.

A brief statement of the case

A statement of facts or the evidences adduced in the trial of the case
An assignment of errors alleged to have been committed by the trial court.
Argument, which gives a recital of the points of fact or of law on each
assignment of error, with citation of the authorities relied upon.
5. A prayer for relief, or a specification of the order of judgment which the
appellant or appellee seeks.
Functions
a.

Introduction - the purpose of the introduction is to prepare the way for the work of
the discussion proper.
2 methods of approach in introduction:

b.

c.

1. Emotional, to arouse the interest of the reader or hearer in the problem

under discussion- to prepare the will to believe
2. Intellectual, to make the reader or hearer understand clearly or thoroughly
the meaning of the proposition.
Discussion
- the function of discussion therefore is to establish the issues through
upholding of the elements of partition by presenting evidences, proofs and arguments.
Conclusion - the function of conclusion is to bind together the various proofs and
arguments as a unit of force to impress them forcibly in the minds of the audience and
to stir favorable emotions of the hearers or readers to the highest pitch so that they
may act as the arguer desires them to act.
- the debater reminds the audience that the discussion he has established
his claim and redeemed his promise.

- includes prayer.
Persuasion
-definition: process by which one is made to believe a proposition by
feeling and appreciating its truth.
Presents case to audience
-

Appeal to emotion

Types of Audience
a. Friendly audience one that is favorably disposed towards the speaker and his
cause.
b. Hostile audience one that is antagonistic to the speaker or to his cause or to both
the speaker and his cause.
c. Indifferent/ Apathetic audience - one assembled, not because of their high regard
for the speaker , nor because of their interest in the cause that the speaker
advocates but because its their duty to do so.
2 Types of Proof in a debate
Constructive proof

- intended to create belief in one side of the case.

Destructive proof

- intended to destroy whatever proofs or arguments are adduced

to create that belief.

Refutation
- The process in the work of argumentation which consist in destroying or
overthrowing the opposing proofs and arguments.
Refutation has dual nature, it is essentially destructive but in its ultimate effect it
is constructive. This is so because refutation is undertaken to overthrow the opposing case in
order that one may advance ones own case.
3 Requirements In The Work Of Refutation
1. The possession of facts, data, information and arguments necessary to destroy the
opposing case.
2. Sound reasoning- clear, straight and logical thinking
3. The ability to convey the ideas or the inferences in clear and forcible language.
When to Refute?
- in many cases, a debater attempts to refute the proofs or argument of
his opponent before they have been advanced.
What to Refute?
- The debater should meticulously analyze the proofs and arguments of
his opponent in order that he might discriminate the fundamental from the secondary, the
essential from the non-essential, the important from the trivial.
Usual errors:

1. Refuting too much

2. Refuting to little
3. Refuting oneself
Methods of Refutation should be Employed
- it is the basic rule in refutation that the
debater should make perfectly clear to the readers or hearers the arguments of his opponent
that he proposes to refute and the method refutation he is going to employ.
Methods Generally used:
1.
2.
3.
4.

The application of the test of evidence

The attack on the forms of arguments
The exposure of fallacies
The application of special rhetorical devices. Ex: reductio ad absurdum, dilemma,
method of residues and turning the tables
Method of Residue
- this special rhetorical device consist in reducing the
entire question in controversy into two or more possibilities and showing that all
possibilities, except one, are untenable; and this one is the aspect of the case that
the refuter is endeavoring to establish.
Turning The Table
- the refuter shows to his reader or hearer that the
arguments adduced by his opponent supports the refuters case, not that of his
adversary. Sometimes called stealing his thunder and adopting opposing
arguments

Rebuttal
- as the affirmative speaker is the one who opens the debate, he has no chance
to refute the arguments of his opponent. It is the general practice in debating to give the
affirmative speaker the opportunity to deliver a second speech to defend his case or to destroy
that of his adversary. The second speech with which the affirmative speaker closes the debate.
- destroy belief, created by proof, advance your position.
Sound reasoning
Debate
- It is a formal, direct, oral contest in argumentation between two opposing sides
on a definite proposition at a definite time.
Argument
2 Classes Of Debate
a. Contest debates - those that are held for the purpose of giving the students
training in the application of the rules of argumentation and debate in order that
they maybe proficient in the application of these rules in real life.
b. Debates in real life those that are held to settle the actual living problems of
society. Ex: debate on the floor of congress, meeting of stockholders in a corp.

Types Of Decisions In Formal Debate.

1. The jurymans decision - one which is predicated on the merits of the case.
2. The critics decision
- one in which the comparative skills of the debaters or of
the debating teams are the decisive factors.
3. The legislators decisions - one that is rendered by the members of the
parliamentary bodies.
Affirmative case
- the affirmative has the duty to establish every issue that is denied by
the negative. He has the obligation to make out a prima facie case.
Types of Negative cases

a. Pure refutation. This is a type of the negative case which consists in denying the
affirmative case.
b. Defense of the present. The negative does not only refute the allegations of the
affirmative but also maintains that the present state of things is satisfactory and
hence does not demand a change.
c. Adjustment. The negative admits that the present state of things demand a change
but contends that the remedy proposed by the affirmative is not the proper one.
d. Counterproposition. In legal procedure this is called affirmative defense or
confession and avoidance.
The negative admits that the present situation demands a remedy but the
remedy proposed by the affirmative does not solve the problem, so that the
negative proposes a remedy which is inconsistent with that advanced by the
affirmative.
Negative case in Legal Procedure
the following types of defense:

- in courts of law, the defendant (negative) may interpose

a. General denial - the defendant denies each and every cause of action or
allegations set forth in the complaint of the plaintiff.
b. Specific denial
- the defendant admits some of the allegations or causes of action
set forth in the complaint of the plaintiff but denies the others.
c. Counterclaim
- this is any claim made by the defendant in a civil case, whether
for money or otherwise, against the plaintiff.
Compulsory Counterclaim - claim made by a defendant against a
plaintiff that arises from the same transaction or occurrence as the plaintiff's claim.
Permissive Counterclaim
- claim brought by a defendant against a
plaintiff in the situation where the defendant's claim does not arise from the same transaction
or occurrence as the plaintiff's claim

d. Confession and avoidance the type of the negative case in which the defendant
admits all the allegations in the plaintiffs complaint, but presents a recital of
circumstances that negate his liability. Ex: plea of self defense & plea of insanity
Admissions - A voluntary acknowledgment made by a party to a lawsuit or in a criminal
prosecution that certain facts that are inconsistent with the party's claims in the controversy
are true
Confession - a voluntary statement made by a person charged with a crime in which he
acknowledges that he is guilty of committing that crime.