Logic

and Legal Technique

Atty. Ethelbert B. Ouano

LOGIC AND LEGAL TECHNIQUE

Course Outline
Atty. Ethelbert B. Ouano

Principal References:
RUGGERO J. ALDISERT, STEPHEN CLOWNEY, JEREMY D. PETERSON, LOGIC FOR LAW STUDENTS: HOW TO THINK
LIKE A LAWYER
IRVING COPI, CARL COHEN, INTRODUCTION TO LOGIC (1990 ed.)
IRVING COPI, CARL COHEN, LOGIC AND LANGUAGE (2001 ed.)
PETER NASH SWISHER, TEACHING LEGAL REASONING IN LAW SCHOOL, 74 L. LIB. J. 534 (1981)
JONATHAN MALAYA, ARNELL UYCHOCO, HIT THE PODIUM! (1999 ed.)

The course will be divided into two sub-courses namely, Logic and Legal Technique Theory and
Logic and Legal Technique Applications. The workshop will be conducted every Friday but will only
start after the preliminary examination.

GRADING:
There shall be a total 100 points to earn for the whole semester which shall be distributed in the following
manner:

NOTE:
In all examinations, one question shall only be assigned 1 point. A student may either be wrong or correct in his/her
answer. Therefore, students are advised to be precise in form and substance with their answer to obtain 1 point for a
correct answer to a question.

LOGIC AND LEGAL TECHNIQUE (THEORY)

I. History (Reading Material 1)

II. Introduction
a. What is Logic?
b. Premisses and Conclusions
c. Diagrams for Single Arguments
d. Recognizing Arguments
e. Passages Containning Several Arguments
f. Deduction and Induction
g. Truth and Validity
h. Problem Solving

III. Fallacies
a. What is a Fallacy?
b. Fallacies of Relevance
c. Fallacies of Ambiguity
d. Avaoinding Fallacies

IV. Deduction
a. Categorical Propositions
b. Categorical Syllogisms
c. Argumetns in Ordinary Language
d. Symbolic Logic
e. The Method of Deduction
f. Quantification Theory
g. (Reading Material 6)

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Logic and Legal Technique
Atty. Ethelbert B. Ouano

V. Induction
a. Analogy and Probable Inference
b. Causal Connection: Mill’s Methods of Experimental Inquiry
c. Science and Hypothesis
d. Probability
e. (Reading Material 7)

VI. Logic and the Law (Reading Materials 4, 5, 2 and 3)

VII. IRAC (Reading Material 9)
VIII. Technique Element in Law (Reading Material 8)
IX. Toulmin Method of Argumenation (Reading Material 10)

LOGIC AND LEGAL TECHNIQUE (APPLICATIONS / WORKSHOPS)

Students will be grouped into four teams. Each team shall select a team name which should be a latin
phrase that best describes the group. A team captain shall be selected by members. The team captain shall
submit to the professor the tasking and scheduling on all research activities. He shall make sure that the
team will be able to comply all the requirements on time.

I. Debate

a. The Nature of Debate

b. Cross-Examination Debate
i. Propositions
ii. Exploring the Proposition
iii. Stock Issues Analysis
iv. Necessity-Beneficiality-Practicability
v. Affirmative Burden of Proof
vi. Negative Right to Presumption of Validity
vii. Negative Burden of Refutation
viii. Case Building
ix. Speaker Roles

c. Parliamentary Debate
i. Matter Loading
ii. Team Roles
iii. Parameters
iv. Speaker Roles
v. Features of Parliamentary Debating

II. Moot Court

a. What exactly is mooting?

b. History and Origin
c. Memorandum/Written Pleadings
d. Oral Pleadings
e. Distinguish Moot Court from Debate and Practice Court
f. How to prepare for the moot?

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