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Logic for Law Students: How To Think Like A Lawyer Summary
Syllogism- a label attach to any argument in which a condition is inferred from two
premises.
3 parts of syllogism
MajorPremise- states abroad and general truth
Minor Premise- statesa specific and usuallya more narrowly applicable truth
Conclusion- drawsupon the premises and offers a new insight that is known to
be truth based on the premises
Example:
MajorPremise: Cruelandunusualpunishment by a stateviolates the EightAmendment.
Minor Premise: Executing a minor iscrueland unusual punishment by a State.
Conclusion: Executing a minor isforbidden by the Eighth Amendment.
Enthymeme: an argument founded on syllogism although not all parts of the syllogism
are expressed.
Example:
Good girls get stars on their foreheads.
Lisa is a good girl.
Lisa gets a star on her forehead.
*Lisa gets a star on her forehead because she is a good girl.*
*If the relevant similarities outweigh the relevant differences, the outcomes of the cases
should be the same.
Note:
An argument that is correctly reasoned may be wrong, but an argument that is
incorrectly reasoned can never be right.
LOGIC FOR LAW STUDENTS: HOW TO THINK LIKE A LAWYER
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Ruggero J. Aldisert,*
Stephen Clowney** and Jeremy D. Peterson***