Beruflich Dokumente
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LOGIC
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What is Logic?
Logic is the study of principles and methods of good
reasoning. It is a science of reasoning which aims to
determine and lay down the criteria of good (correct)
reasoning and bad (incorrect reasoning).
Logic being the science of correct reasoning, is indispensable
in the field of law. The efficiency of practicing depends on
the quality of legal reasoning.
What is an argument?
It is a group of statements in which one statement is claimed
to be true on the basis of another statement. The statement
that is being claimed to be true is called the conclusion; and the
statement that serves is the basis or the support of the
conclusion is called the premise.
What is evidence?
It is a means sanctioned by the rules of court of ascertaining
in the judicial proceeding the truth respecting a matter of
fact. ( Rule 128 Sec. 1 of Rules of Court)
When is an evidence admissible or relevant?
An evidence is deemed admissible if it is relevant to the
issue and it is not excluded by the provision of law or rules
of court.
It is said to be relevant when it has a relation to the fact in
issue as to induce belief in its existence or non-existence.
What is testimony?
Testimony is confined to personal knowledge. Therefore,
excludes hearsay. Our Rule of Court provides that a witness
can testify only to those facts which he knows of or comes
from his personal knowledge which are derived from his
perception.
Yes. The High Court noted that the witness, owing to his
long position as custodian of the records of Malacaang
Palace, is very well familiar not only with the signature of
the sitting president but the signature of previous presidents
he had the privilege of serving under.
It also declared that under the Rules of Court, it is not
required that the person identifying the handwriting of
another must have seen the latter write the document or sign
it, but it is enough, if the witness has seen writing purporting
to be the subjects upon which it has acted or been charged.
Example:
All misdemeanors are criminal offenses
Driving under the influence of alchohol is a misdemeanor
Hence, driving under the influence of alcohol is a criminal offense:
Example:
Neil, a student in legal logic class, has a good study habit and is
always attentive in class discussion.
He is a consistent deans lister.
Therefore, it is probable that Neil will not fail in his legal logic
class.
What is syllogisms?
It is a three-line argument that is an argument which
consist of exactly two premises and a conclusion.
Example:
The President can grant amnesty to the military mutineers if there
is a concurrence of a majority of all the members of the Congress;
Less than half of the members of the Congress is in favor of
granting amnesty to the military mutineers.
Therefore, the President cannot grant amnesty to the military
mutineers.
Invalid syllogism:
No Socialist country is capitalist.
The Philippines is not socialist
Therefore, it is a capitalist country
Valid syllogism:
No military action whose harmful effects cannot be controlled is
morally permissible
All military uses of biological weapons are military actions whose
harmful effects cannot be controlled
Therefore no military uses of biological weapons are morally
permissible.
Invalid syllogism:
What is natural is good
To make a mistake is natural
Therefore, to make a mistake is good
Valid syllogism:
Selling cigarettes to a person below 18 years of age is unlawful
That store sold cigarettes to a student below 18 years of age
Therefore, that store has violated the law
Rule 3: The middle term must be universal at least once
Invalid syllogism:
Libel is a form of defamation
Reyes untrue accusation is a form of defamation
Therefore, Reyes untrue accusation is a libel
Valid syllogism:
No military actions that intentionally kill innocent civilians are
just
Some Malaysian military actions in Sabah intentionally killed
innocent civilian
Therefore, some Malaysian military actions were not just
Invalid syllogism:
Felonies are criminal offenses
Misdemeanors are not felonies
Therefore, misdemeanors are not criminal offenses
Valid syllogism:
All acts that inflict more harm than good are unjust
All terrorist acts inflict more harm than good
Therefore, all terrorist acts are unjust
What is Enthymemes?
It is an argument in which one premise is not explicitly
stated.
Example:
The right of privacy, whether it founded in the Fourteenth Amendments
concept of personal liberty and restriction upon state action, as we feel it
is, or as the District Court determined, in the Ninth Amendments
reservation of rights to the people, is broad enough to encompass a
womans decision whether or not to terminate her pregnancy.
CHAPTER 4
Inductive Reasoning in law
KILOSBAYAN vs MORATO
In 1995, PCSO and PGMC signed an Equipment Lease
Agreement wherein PGMC leased online lottery equipment
and accessories to PCSO wherein thirty percent of the net
receipts is allotted to charity. Term of lease was for 8 years
and PCSO was to employ its own personnel as well as
responsible for the facilities.
Moreover, the law of the case cannot also apply since the
present case is not the same one litigated by the parties
before in Kilosbayan vs Guingona the ruling cannot be in
any sense be regarded as the law of this case. The parties are
the same but the case are not. Thus, the Rule on
Conclusiveness cannot still apply.
But the rule does not apply to issues of law at least when
substantially unrelated claims are involved. When the
second proceeding involves an instrument or transaction
identical with, but in a form separable from the one dealt
with in the first proceeding, the Court is free in the second
proceeding to make an independent examination of the
legal matters at issue.