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JOSE RIZAL UNIVERSITY School of Law Legal Techniques and Logic Summary of Lessons

1. Logic is the art and science of correct and effective thinking and reasoning; Fallacy is wrong way of reasoning. It leads the thinker to a wrong conclusion. 2. There are common types of fallacies, namely: a. A hasty generalization is a fallacy that generalizes a statement resulting to a hasty conclusion. b. An ad hominem is a fallacy that attacks the person instead of the issue. c. A circular reasoning is a fallacy in which the statement and the reason given are substantially the same. d. A testimonial is a fallacy that uses authority or celebrity to advance a conclusion. e. A factual distortion is a fallacy that changes the fact by adding another fact contrary to the first. f. A faulty analogy is a fallacy in which two person or things are compared even if there is no point of comparison. g. A bandwagon fallacy is a fallacy that based the conclusion not on the merits but on the number of people thinking or adopting the same conclusion.

h. A card-stacking is a fallacy that shows favorable evidence and hides unfavorable ones. 3. Fallacy is brought about by human mental process that naturally generalizes, distorts, or deletes information that is perceived by the senses. a. Generalization is when we create beliefs based on our one or few experiences. It relies rely on a single example to represent an entire group. b. Deletion is a sort of economy of our nervous system: when it is necessary to concentrate our energies on a task, we delete every extra perception in order to focus on what we consider most crucial c. Distortion is a filter that is often based on presupposition something we must believe in order to support a continuing belief. 4. Non-sequitur, the Latin phrase for it does not follow can be created through pacing and leading. Pacing is to create a statement that is true or cannot be argued by the listener. Leading means to introduce new information that the arguer wants the listeners to believe. In pacing, the arguer builds rapport; in leading, he embeds commands. 5. To Aristotle, there are three ancient elements of Persuasion: Ethos (Credibility), Pathos (Emotion), and Logos (Logic). Storytelling is used to persuade because it creates (credibility), it connects (through emotion), and it convinces (through logic). 6. Reality Distortion Field (RDF) is used to describe Steve Jobs ability to convince himself and others to almost anything. It distorts the listeners sense of proportion and scales of difficulties and made them believe that the task at hand was possible.

7. Bandwagon effect (or, more particularly known as the jump on the bandwagon) refers to people doing certain things because other people are doing them, regardless of their own beliefs, which they may ignore or override. It is a groupthink, a social behavior used by advertising companies and politicians, alike, to sell products or get votes. 8. Asking questions like Socrates.
Perspective

Assumption

STATEMENT

Consequence

Evidence Statement one that summarizes a persons proposition Perspective His proposition based on personal experience or view. Assumption His proposition based on his previous knowledge Consequence the logical conclusion of his proposition Evidence The proof that his proposition and conclusion

Ask Question Restate the Answer State a contrary fact (In question form) Refine his Answer
Ask Question Pose the question to get his belief, opinion or answer\ Confirm Answer Restate his answer to ensure that you understand it. State a contrary fact Think of a fact that will not fit the first answer. Refine his Answer Change the answer to include the fact that does not fit.

9. Gerry Spence wrote that cross-examination is simply storytelling in yet another form. It is the method by which we tell our story to the jury

though the adverse witness and, in the process, test the validity of the witness's story against our own. 10. Scientists now study the powers and potentials of peoples storytelling skills. It also makes the statistical results real (Ethos). They capture emotions (Pathos). Facts and numbers become logical and memorable when coupled with stories (Logos). In digesting cases, you will still use a structure similar to that of book reports. Case digests are usually divided into three parts facts (place, time and persons), issue (problem and climax) and ruling (ending or resolution). and engaging to be memorable. Stories must convey a clear message. They must be authentic to be credible, relevant to be relatable,

PERSUASIVE LEGAL WRITING A. By Daniel U. Smith 1. In law school, we are taught to research and to reason but not to write persuasively. 2. Styles in legal writing a. Academic Style b. Legal Style 3. Obstacles to Persuasion a. Laws are complex. b. Judges are busy and tend to be generalists. c. Some lawyers are not credible. 4. Goals in persuasive writing a. Make their reading easy. b. Make your writing simple and direct. 5. Qualities of persuasive writing a. Brevity b. Simplicity c. Clarity d. Honesty 6. Structures of Persuasion a. Persuasive Headings b. Persuasive Sentences c. Persuasive Paragraphs 7. Principle of argumentation a. Emphasize your point at the onset b. Avoid overstating your case c. Be accurate d. Lead with your strongest argument. e. Address points which are not in your favor and explain why they are not dispositive. 8. Legal Reasoning must include: a. Major Premise (the law) b. Minor Premise (the facts)

c. Conclusion (the ruling) 9. Briefing a. Signpost arguments b. Start with the strongest point

B. By Ira Mickenberg 1. Persuasive Writing a. Know your theory and story. b. Cite not only case laws but also precedents. c. Use active voice d. Use graphic language on facts you want to emphasize; dull language on facts you want to minimize. e. Avoid police-talk f. Use language that humanizes your client. g. Dont obviously sugar-coating things. 2. Clear a. b. c. Writing Short sentences are stronger, better. Organize your story Avoid meaningless language clearly, merely, generally, obviously, certainly. d. Have a non-lawyer read your brief. Ask if he understands it.

History
The Philippines was a colony of Spain for more than 300 years, beginning in 1565 until 1898. Because of this, many fields of law in the Philippines such as Civil Law and Criminal Law follow a civil law tradition, as opposed to Commercial Law and Constitutional Law which follow a common law tradition. When the Spanish Colonizers conquered the Philippines, the Spanish Codigo Penal was made applicable and extended to the Philippines by Royal Decree of 1870. This was replaced with the old Penal Code which was put in place by Spanish authorities, and took effect in the Philippines on July 14, 1876. This law was effective in the Philippines until the American colonization of the Philippines. It was only on December 8, 1930, when it was amended, under Act. No. 3815, with the enactment of the Revised Penal Code of the Philippines (the Revised Penal Code).

[edit] The Revised Penal Code


Main article: Revised Penal Code of the Philippines The Revised Penal Code took effect on January 1, 1932. It is composed of two parts Book One of the Revised Penal Code provides the general provisions on the application of the law, and the general principles of criminal law. It defines felonies and circumstances which affect criminal liability, justifying circumstances and circumstances which exempt, mitigate or aggravate criminal liability, and defines the classification, duration, and effects of criminal penalties. Finally, it provides for the extinction and survival of criminal and civil liabilities in crimes. Book Two of the Revised Penal Code on the other hand defines the specific crimes and the penalties imposable for each crime. Crimes are classified into crimes against national security (such as treason, espionage and piracy), crimes against the fundamental laws of the state (rebellion, coup detat, sedition and public disorders), crimes against public interest (counterfeiting of currency, falsification of public documents), crimes against public morals, crimes committed by public officers, crimes against persons (parricide, murder, physical injuries, rape), crimes against security (kidnapping), and crimes against property (robbery, theft), among others. Criminal negligence is also an offense under the Revised Penal Code. Under the Revised Penal Code, acts and omissions punishable by law are called felonies. Thus, to be considered as a felony there must be an act or omission.

[edit] Degree of Consummation of Crimes


Felonies can be consummated, frustrated, and attempted. A felony is consummated when all the elements necessary for its execution and accomplishment are present. It is frustrated when the offender performs all the acts of execution which would produce the felony as a consequence but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator. There is an attempt when the offender commences the commission of a felony directly or overt acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than his own spontaneous desistance.

Conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it. Conspiracy can also be proven based on the idea of "unity of purpose" and acts leading to a common design. There is proposal when the person who has decided to commit a felony proposes its execution to some other person or persons. Conspiracy and proposal to commit a felony are generally not punishable, except for conspiracy and proposal to commit treason, coup detat, and rebellion. Whilst not generally punishable, conspiracy can determine the degree of participation in criminal offenses in order to determine criminal liability.

[edit] Circumstances that Affect Criminal Liability


The presence of certain circumstances have the effect of removing, mitigating or aggravating criminal liability of persons. Persons who commit crimes when justifying circumstances are present do not incur criminal or civil liability. Acting in self-defense is one of these justifying circumstances. The presence of exempting circumstances on the other hand will exempt the perpetrator from criminal liability but not from civil liability. Some of these exempting circumstances are imbecility or youth. On the other hand, the presence of one or more mitigating circumstances when a crime is committed, can serve to reduce the penalty imposed. An example is voluntary surrender. Lastly, the presence of aggravating circumstances will increase the penalty imposed under the crime, upon conviction. Some examples are contempt or insult to public authority.

[edit] Participation in Crimes


Under the Revised Penal Code, when more than one person participated in the commission of the crime, the law looks into their participation because in punishing offenders, the Revised Penal Code classifies them as principals, accomplices, or accessories. A persons can be liable as a principal for (a) taking a direct part in the execution of the felony, (b) directly forcing or inducing others to commit it, or (c) cooperate in the commission of the offense by another act without which it would not have been accomplished. Accomplices are persons who, while not acting as a principal, cooperate in the execution of the offense by previous or simultaneous acts. Lastly, accessories are those who, having knowledge of the commission of the crime, and without having participated therein, either as principals or accomplices, take part subsequent to its commission by: (a) profiting themselves or assisting the offender to profit by the effects of the crime, (b) concealing or destroying the body of the crime, or the effects or instruments thereof, in order to prevent its discovery, or (c) harboring, concealing, or assisting in the escape of the principals of the crime. Principals are punished more severely than accomplices, who are punished more severely than accessories. However, when there is conspiracy, there will no longer be a distinction as to whether a person acted as a principal, accomplice or accessory, because when there is conspiracy, the criminal liability of all will be the same, because the act of one is the act of all.

[edit] Special Penal Laws


Apart from the crimes penalized in the Revised Penal Code, several other pieces of criminal legislation have been passed, penalizing acts such as illegal possession and trafficking of dangerous drugs, money laundering, and illegal possession of firearms. These laws are called Special Penal Laws and they form part of Philippine Criminal Laws. There are certain differences between crimes punished under the Revised Penal Code and Special Penal Laws. Violations of the crimes listed in the Revised Penal Code are referred to as mala in se, which literally means, that the act is inherently evil or bad or wrongful in itself. On the other hand, violations of Special Penal Laws are generally referred to as malum prohibitum or an act that is wrong because it is prohibited. Thus, no criminal intent is needed in order to find a person liable for crimes punished under Special Penal Laws. As long as the act is committed, then it is punishable as a crime under law. Note, however, that not all violations of Special Penal Laws are mala prohibita. While intentional felonies are always mala in se, it does not follow that prohibited acts done in violation of special laws are always mala prohibita. There are some important distinctions between crimes punishable under the Revised Penal Code and Special Penal Laws. One of them is that in crimes punished under the Revised Penal Code, the moral trait of the offender is considered. This is why liability would only arise when there is criminal intent or negligence in the commission of the punishable act. In crimes punished under Special Penal Laws, the moral trait of the offender is not considered; it is enough that the prohibited act was voluntarily done