WEEK 12 LEGAL SKILLS

WORKSHOP ARGUMENTATIVE
WRITING
Jack Friberg
 Introduction to written Advocacy

• Argumentative writing
• Toulmin Model
• Tools for writing in IRAC
Useful words and phrases in legal writing

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 Essential Elements in writing

• Academic Register
• Precise and Concise
• Cohesion and Flow
• Well-structured strong argumentation

• A reader should remember what your Paper argued, not

just what it was about

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 Written arguments in syllogisms

• Premise 1, Premise 2 Therefore conclusion

• Does this need recall?

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 • Premise 1, Premise 2 Therefore conclusion
− Presidential power is the power to persuade
− Polarization makes persuasion more difficult
− Therefore
− Polarization makes it harder for presidents to exert
power

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 Toulmin’s Model

O Know the elements necessary to structure a sound argument.

O Know the elements of an argument so you can determine what
is missing from your argument or other arguments.
O Vastly Improve your legal writing

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 Toulmin’s Model

• Toulmin recognized there are three essential parts to every

argument or claim.
• A Claim,
• Grounds to support the claim (also called premises or support)
• And, critically – a warrant that backs the grounds.

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 Toulmin’s Model

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 Claim – Grounds – Warrant

• Claim - A statement that asserts a belief or truth and requires supporting

evidence
• The main expression of an argument
• Thesis

Example claim: Dogs are great pets.

• Facts: empirically verifiable phenomena

• Judgments/Values: Claims involving opinions attitudes and subjective
evaluations of things
• Policy: Claims advocating courses of action that should be undertaken

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 Claim – Grounds – Warrant

• Grounds: evidence and facts that support a claim

• The foundation of the argument
• Justifying the viewpoints of the argument

Example grounds: A great pet is loyal, loving and intelligent.

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 Claim – Grounds – Warrant

• Warrant: Connects the claim and grounds

• The statement (expressed or implied) that establishes the logical
connection between a claim and its supporting reason.

Example warrant: Dogs are easily trained and very affectionate towards
humans.

• Easily trained = Intelligent

• Affectionate towards humans = Loyal and Loving

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 Toulmin model

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 Toulmin model in Law

• Claim
• Grounds
• Warrant

Facts: Person A accidentally runs over Person B, resulting in

Person B´s death

Claim: Person A did not commit murder

Grounds:
Warrant:

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 Toulmin model in Law
• Murder
• Actus reus (Guilty act): Causation (something happens and the result
of this something is death), must be death, death must be of a human
being.
• Mens rea (Guilty mind): Intent to kill
• Facts: Person A accidentally runs over Person B, resulting in Person
B´s death

Claim: Person A did not commit murder

Grounds: For a crime to constitute murder there must exist an intent
to kill
Warrant: Person A did not have an intent to kill Person B, because the
act was the result of an accident.
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 Toulmin model and IRAC

• IRAC provides a framework to construct logical statements

and arguments in law.
Using IRAC you automatically apply the Toulmin model (If you
do it correctly..)
• As a result – More coherent arguments, better persuasive
writing.

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 IRAC Example

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 IRAC in Legal Writing

• Issue
• Rule
• Application
• Conclusion

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 Problem question
Facts:
John Memelord from the town of 9gagisTown draws the face of the Mayor,
Mr.TrollFace, in Nutella on the window of a public school bus. Mr. Memelord is
arrested and charged with vandalism. On appeal, Memelords lawyer claims
that there was no incident of vandalism because Nutella can simply be licked
off.

• Discuss whether Mr. Memelord is guilty of vandalism under 9gagian law.

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 9gagisTown Penal Code section 594(a)
• Every person who maliciously commits any of the following acts with respect to any real or personal
property not his or her own, in cases other than those specified by state law, is guilty of vandalism:
• (1) Defaces with graffiti or other inscribed material

Appeal Court of 9gagisTown

In the case of the State vs L.MemeJohn:

The defendant Mr. Lord MemeJohn wrote on the glass window of local supermarket with a
removable marker. The court found that the ease with which the marks could be removed
was irrelevant to the question of whether they defaced the surface, and Mr. Lord Memejohn
actions was considered to reach the threshold of vandalism.

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 Answer: Memelords actions amount to vandalism

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 Back to Toulmin..

Claim: Memelords actions amount to vandalism

Grounds: ..?
Warrant: ..?

(C)onclusion is NOT enough.

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 TOOLS TO HELP YOU ”IRAC”

”Magical words” and

phrases to use in your legal
writing

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 Magical words: Whether;
may

Issue
• Raising the issue explicitly (question + whether)
• Raising the issue implicitly (opinion + may)

Key issue is..

If Mr.Memelords actions can be considered vandalism as defined by
9gagian law.

In writing: The issue to be considered is whether Mr.Memelords actions

can be found to have reached the threshold of vandalism..(explicit)

..or

Mr. Memelords actions may amount to vandalism..(implicit)

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 Rule
9gagisTown Penal Code section 594(a)
• Every person who maliciously commits any of the following acts with
respect to any real or personal property not his or her own, in cases other
than those specified by state law, is guilty of vandalism:
• (1) Defaces with graffiti or other inscribed material

State vs L.MemeJohn
..The court found that the ease with which the marks could be removed
was irrelevant to the question of whether they defaced the surface, and
Mr. Lord Memejohn actions was considered to reach the threshold of
vandalism.

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 Magical word: In

Rule – Citing Precedents

• IN + Case name + Facts of case

• In the case of the State v L. MemeJohn., the defendant wrote on the window
of a supermarket with a removable marker. The court found that the ease
with which the marks could be removed was irrelevant to the question of
whether they defaced the surface..

Or…

Parenthetical referencing = Statement of Law/legal principle + (Case Name)

The ease with which marks can be removed is irrelevant to the question of
whether they deface a surface (State v L.MemeJohn)

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 Rule – Citing Legislation
• Magical words; provide, state, under
Magical phrase: According/Pursuant to..
Direct quotes – Helps to state the legal principle as accurate as possible.
Parentheses

Example: Section 594(a) of the 9gagian Penal Code states that..” Every person who maliciously commits any
of the following acts with respect to any real or personal property not his or her own, in cases other than those
specified by state law, is guilty of vandalism: • (1) Defaces with graffiti or other inscribed material”

Example: Section 594(a) of the 9gagian Penal code provides that every person who maliciously
defaces any real or personal property with graffiti, is guilty of vandalism.

Example: According to section 594(a) of the 9gagian penal code “Every person who maliciously
commits any of the following acts with respect to…”

Example: In 9gagistown, anyone who maliciously defaces someone else’s property with graffiti is guilty
of vandalism (Section 594(a) 9gagian Penal code)

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 I(R)AC

• ..In 9gagistown, anyone who maliciously defaces someone else’s

property with graffiti is guilty of vandalism (Section 594(a), 9gagian
Penal code). A mark defaces a surface even if it can be easily
removed. In the case of State v MemeJohn., the defendant wrote on
the window of a supermarket with a removable marker. The court
found that the ease with which the marks could be removed was
irrelevant to the question of whether they defaced the surface…

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 Back to Toulmin

• Claim: Memelords actions amount to vandalism

Grounds: 9gagisTown Penal Code section 594(a) & Case
of The State v. L.Memejohn
Warrant: ..?

..Still not enough

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 Application

• Magical words: Here, Thus

• Magical Phrases: In this case; On these facts; Applying the
law to the present case; Turning to the facts at hand.

Example: In the case of State v MemeJohn.. The court found that

the ease with which marks could be removed was irrelevant to the
question of whether they defaced the surface. On these
facts/Thus/In this case/.., Mr.Memlord use of Nutella, which is also
easily removable, should amount to vandalism.

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 Conclusion
• Magical words: May; Might; Possible;
• Magical phrases: It seems; It appears

Depends on the problem question. Some issues require definitve answers

..(Therefore, there has been a breach of article…)

Others require more tenative answers..

•
Examples:
.. It is likely that Mr.Memelords actions reach the threshold of vandalism.

.. Therefore it seems that Mr.Memelords actions amount to vandalism.

..Thus, it appears that Mr.Memelord will be found guilty of vandalism.

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 Putting it all together
The issue to be considered is whether Mr.Memelords actions can be found to have reached
the threshold of vandalism under 9gagian law.
In 9gagistown, anyone who maliciously defaces someone else’s property with graffiti is guilty
of vandalism (Section 594(a), 9gagian Penal code).
A mark defaces a surface even if it can be easily removed. In the case of State v MemeJohn.
The court found that the ease with which marks could be removed was irrelevant to the
question of whether they defaced the surface. On these facts, Mr.Memlord use of Nutella,
which is also easily removable, should amount to vandalism.
Therefore, it seems that Mr.Memelords actions amount to vandalism under 9gagian law.

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 Back to Toulmin.

• Claim: Memelords actions amount to vandalism

(conclusion)
• Grounds: 9gagisTown Penal Code section 594(a) & Case
of The State v. L.Memejohn (rule)
• Warrant: Mr Memelords use of nutella should be
considered vandalism because another case with similar
facts was considered to be vandalism under the same law.
(application)

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 Question

• The Jardas are an ethnic group living in the state of Azaria. The Jardas follow specific
cultural rites and the religion of Chola.
Werta, a high-level military commander of Azaria, has repeatedly held in official events
that the Jardas were “dogs” who did not deserve to live, and that their whole group should
be exterminated in order to reach a “pure”, “cleansed” Azaria.
On 8 August 2100, Werta and his troops have raided a village of Jardas and killed 90 men,
40 women and 20 children.

Can Werta be held accountable for having committed genocide?

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 • Rule: Rome Statute Article 6 - Genocide.
For the purpose of this Statute, "genocide" means any of the following acts
committed with intent to destroy, in whole or in part, a national, ethnical,
racial or religious group, as such: (a) Killing members of the group.

Prosecutor v. 9gagia
In the case of the Prosecutor v. 9gagia, the court held that “intent” can be
evidenced by official declarations, such as stating publicly the will to
destroy a part, of the whole of a national, ethnical, racial or religious group.

Issue: Whether the killing by Werta of Jardas amount to genocide.

Conclusion: The killing of Werta of Jardas amount to genocide, under the

Rome statute.

Formulate an IRAC-structured answer. Use the tools! (Words, phrases)

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