1. What is the purpose of legal reasoning study?

 Legal reasoning in broad sense is the psychological proccesses

undergone by the judges in reaching decision in the cases before them. A
study of legal reasoning in the broad sense would be a study of judicial
psychology and biography, which is important and interesting in its own
right.
o To know the judges and their spychology.
o To understand what impact judges’ decisions.
 Legal reasoning in narrow sense is the argument that judge give,
frequently in written form, is support of the decision they render. Thefore,
The study of legal reasoning in the narrow sense is an inquiry into the
“logic” of judicial decision making. It concerns the kinds of arguments
judges give, the relationship between the reasons and the decisions, and the
adequacy of these reasons as support for the decisions.
2. What is the IRAC formula in legal reasoning?
Issue What facts and circumstances brought these parties to the court (the
syllogism’s subject matter)
Rule What is the governing law for the issue (the syllogism’s major
premise)
Analysis Does the rule apply to these unique facts (the syllogism’s minor
premise)
Conclusion How does the court’s holding modify the rule of law (the syllogism’s
conclusion)

3. What are characteristics of legal language?

 Frequent use of ordinary words with specialized meaning (law suit)
 Frequent use of Latin words and phrases as terms of art (mens rea –
guilty mind, fee simple – Inheritance entitled absolutely and unlimited to
any class of heirs, ratio: reason for the decision)
 Frequent use of Norman French (chose in action)
 Claims that words can be used with precision
  Ritualized (ritual: mang tính lễ nghi) word forms (the truth, the whole
truth and nothing but the truth)
 Use of words with flexible meanings (reasonable)
4. How to summarize a case?
- Bear in mind that the busy law-trained reader will value conciseness,
so try to present only those facts that are legally significant or that are
necessary to make the problem clear.
- The case summary should always contain a full and coherent
recitation of the relevant facts, whether or not the principal reader of the memo
already knows them (unless, of course, you were instructed to do otherwise).
- In your case summary, be sure to specify what legal claims are being
considered or are being brought, and be sure to describe any legal proceedings
that have already taken place.
5. What is Persuasive writing?
- The persuasive writing is written to convince the reader that the
writer's opinion is correct with regard to an issue.
- Persuasive writing characteristics:
 The most rhetorically stylized.
 Framed as an argument.
 Argues for one approach to resolving the legal matter
 Not present a neutral analysis.
- Functions:
 Persuade the judge (or mediator, arbitrator) to favorably decide the
case for the author’s client.
 Sometimes it can be used to even persuade the adverse party.
6. What is the difference between predictive and persuasive writing?
Predictive writing Persuasive writing
 Predicts the likely  Persuades the reader
outcome of a client's claim or that the writer's opinion is
answer based on an analysis of correct with regard to an issue
the applicable law and cases.
Purpose: to advise clients and to  Purpose: Submit to the
plan litigation. deciding authority (and
sometimes even the opposing
party) to persuade them to
decide the case favorably for
the writer’s client.
 Objective. Not objective.

7. How to read texts about law effectively?

To read texts about law effectively, there are 4 stages of reading:
 Preparation prior to reading: Locating texts, ascertaining purpose for
reading.
 Methods of reading: Skimming, Scanning, In-depth focused reading
 Understanding what is being read: Guessing the words meaning, Identifying
main ideas, subsidiary ideas, overall text organization, if the writer is outlining an
area.
 Evaluating what you are reading: Ascertaining the purpose, argument(s) and
attitude of the writer.
8. What are methods of reading text about law?
 Skimming: Read very quickly and generally through a text noting:
Publication date; Index; Foreword; Any headings and sub-headings; Author
details; Introductory paragraphs; Concluding paragraph;
 Scanning: Quickly looking for specific words, phrases or information.
 In-depth focused reading: Give attention to secondary or subsidiary points in
the text. Read more slowly and carefully. Check unfamiliar vocabulary. Some
words and phrases become clear as more text is read.
Note the type of language used: Journalistic, technical, academic,…
9. How to evaluate what you are reading?
To evaluate what you are reading:
 Ascertaining the purpose of the writer: informing, persuading, or both
(usually both)
 Ascertaining the argument(s) of the writer: stand-alone argument or complex
argument that requires extensive knowledge of other areas
 Ascertaining the attitude of the writer: neutral or biased (usually biased)
10.What is legal argument?
- Legal argument is a series of statements, some backed by evidence, some
not, which are purposely presented in order to prove, or disprove, a given position.
 It consists of two statements, of which one (the premise) is claimed to be a
reason for accepting the other (the conclusion). Sometimes the term “argument” is
used to refer only to the reason or set of reasons for a particular statement.
- Types of legal arguments:
 Inductive generalization (particular to general reasoning): create appellate
case legal principles, popular in common law system.
 Inductive analogy (particular to particular reasoning): Select relevant legal
principles to be applied.
 Deduction (general to particular reasoning - categorical syllogism): Applies
legal principles to a particular case (this type of arguments is often used in practice
– IRAC formula).

11.What are skills for argument?

- Competent identification of nature of the problem
- Competent location of potentially relevant:
 Legal rule
 Secondary text
- Competent reading, summarizing and evaluation of relevant texts
- The drafting of potential solutions
- Competent re-evaluation of problems and solutions
- Reflection as to conclusion
12.What is a statement of facts?
- A statement of facts is a part of the memorandum.
- It sets out the facts on which the prediction is based.
- A good statement of facts should only contain a full and coherent recitation
of the relevant facts that are legally significant or necessary to clarify the
problem.
- It should also specify what legal claims are being considered or are being
brought, and describe any legal proceedings that have already taken place.

13. What is the structure of an oral argument?

a. Opening statement:
- The first opportunity to outline the evidence to the bench.
- Giving an overview of the case is important.
b. Developing argument:
- Begins most effectively with a statement of the rule or rules on which your
conclusion rests.
- If two or more separate conclusions are being urged, the transition from one
to another should be clear to the listener.
c. Closing argument:
- The opportunity to tell the bench why this particular party should win.
- Closing argument helps the bench to fit the pieces together, and convinces
them that the evidence presented at trial proves you should win.

14.What are differences between written and oral argument?

Memory:
- When a reader gets to the middle part and forgets a point made at the
beginning of the written material, they can always go back and read again.
Titles and subtitles of written argument give readers a preview of what to
come, helping them understand their reading.
- This is not possible in oral arguments. The listener will forget the exact
phrase used as soon as it is spoken. Therefore, they can only understand
partly, rarely to never the whole oral arguments.
Physicality:
- Oral argument gives the speaker the chance to interact with the audience.
This could be an sadvantage or disadvantage depends on the speaker’s
personal experience and skills. Nonverbal communication during the
presentation, such as gestures, pitch, tone, eye contact can greatly affect the
outcome.
- Written argument, instead, has to consider all angles of the audience
beforehand. Thus, many more assumptions of the audience must be made by
a writer than a speaker. Sometimes, misunderstanding happens when the
assumptions made proved not to be true for some readers. In written
arguments, readers generally focus more on whether or not there is support
for the claims being made.
 15.What are the role and structure of a question presented? (câu này bỏ ko
thi)
In legal memoranda, trial motions, and appellate briefs, this role is filled by the
question presented
The Question presented defines the issue that the memorandum is intended to
resolve.
The question presented states the question(s) the memo is to address: how does
the relevant law apply to the key facts of the research problem? The question
should be sufficiently narrow and should be objective.
In trial motions and appellate briefs, the question presented has an additional
role: it encourages your reader to accept your position early on.
The Question Presented is usually one sentence that  alerts the reader to three
things: the jurisdiction and  controlling law, the scope of the question, and the most
legally significant facts. It often begins: "Whether...." or "Does....”. Although
questions are usually framed so that they can be answered yes or no (or probably
yes or probably no), sometimes they cannot (such as "Under New York law, has a
retailer made a binding offer when...?").

16.How a persuasive question presented persuades?

Câu này bỏ không thi
17.How to evaluate your questions presented for persuasiveness?
- The issue must be stated in terms of the facts of the case.
- The statement must be eliminated of all unnecessary detail.
- It must be readily comprehensible on first reading
- It must eschew (omit) self-evident (obvious) conclusion.
- It should be stated that the opponent has no choice but to accept it as an accurate
statement of the question.
- It should be subtly persuasive.
18.How to points and headings work? (Câu này bỏ không thi)
As a prewriting tool, many writers find point headings a very effective way to
create an outline. As you lay out the foundation to your argument, you are also
laying out the point headings and vice versa. Writing point headings before you
start actually writing can help the writer realize how far their argument has come
and what further development is necessary to reach finality.

- Second, people will read the point headings to a brief, even if that is all they
read. For that reason alone, good point headings are necessary to either pull the
reader in to read the whole brief, or to inform the reader who will not finish the
brief as to what your main arguments are. A point heading may be your only
chance to inform a busy judge as to what your argument is.

- Good point headings also serve a third purpose: they provide a figurative
rudder and guide to the reader. They not only highlight where the argument is and
where it will go next (as a guide), but they can also help push the reader in that
direction through effective rhetoric (as a rudder).

19.How to evaluate your headings and sub-heading for effectiveness?

- When collected in the Table of contents, the headings and sub-headings
should lay out a complete and persuasive outline of your theory.
- Each point should be independent, complete and free-standing ground for a
ruling in your favor.
- Headings and sub-headings should not assume information that a judge
would lack when reading the Table of content.
- The sub-headings should be neither too many nor too few.
- Each heading and sub-heading should be a single sentence that can be
immediately understood.
- The one, two, or three most determinative facts should at least be alluded
to in either headings or sub-headings.
- Headings and sub-headings should be forceful and argumentative.
20.What is a memorandum?
A memorandum, in general, is a brief writing, note, summary or outline. It is an
informal record or outline of something which may or may not be detailed later.
A "memorandum of law" may be prepared by an attorney to support a legal
argument, which is similar to a brief but with less attention to legal writing
formalities. It contains legal arguments based upon the lawyer’s understanding of
the law applicable to the issues and is often supported by citations to legal
authority.
21.What is a question presented?
The Question presented defines the issue that the memorandum is intended to
resolve.
 The question presented states the question(s) the memo is to address: how does
the relevant law apply to the key facts of the research problem? The question
should be sufficiently narrow and should be objective.
The Question Presented is usually one sentence. It often begins: "Whether...."
or "Does....”. Although questions are usually framed so that they can be answered
yes or no (or probably yes or probably no), sometimes they cannot (such as "Under
New York law, has a retailer made a binding offer when...?").
22.True or false statements (explanation needed)
1. The question presented defines the issue that the memorandum is
intended to resolve.
True => The question presented states the question(s) the memo is to address:
how does the relevant law apply to the key facts of the research problem?
2. One of the goals at legal argument is to access to the court’s thinking.
F => it is related to oral argument
23.Read the case below and define the issue:
Plaintiff owned and operated a mine adjacent to which Defendant
constructed an artificial pond. The latter caused a mineshaft collapse, which
resulted in a flood, and damaged Plaintiff’s operation. The plaintiff sued, the
matter was brought before an arbitrator to independently establish facts. The trial
court found for the Plaintiff; the appellate court affirmed; Defendant appealed to
the House of Lords, which also affirmed.
Issue: Is Defendant legally responsible for the damage happened to the
Plaintiff’s mine operation, which was caused by the Defendant’s artificial pond
construction adjacent to aforementioned mine?
24.Write a paragraph replying to the question: “what is the purpose of
legal reasoning study?”