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Notes on Legal Techniques and Logic

Final Examination
Non-verbal communication is a form of communication which does not use written language.
Purpose: Complement verbal communication
Forms: 1. Eye contact
2. gestures/body language
3. stance/ posture
4. facial expression
Tips on Non-verbal Communication:
1. Use only one hand gesture/ notation.
2. Look at the most friendly face.
3. Look at the bridge of the nose.
4. Avoid unnecessary mannerisms.
5.
Listening vs. Hearing
Hearing: one of the body senses, it is the process of acquiring sound
Listening: it is a component of communication, it is the process of comprehending the message from the
sound, construing the message in order to give a feedback.
Tips on Listening:
1. Be silent.
2. Understand and be understood.
3. Focus/Concentrate.
4. Take down notes.
5. Rephrase/ paraphrase.
6. Review first before the lecture.
7. Ask permission first before giving comments/asking questions.
Reading: is the process of acquiring information from a written document.
Reading Styles:
1. Active reading :it is the comprehensive reading of the whole document/material.
It requires more time. It is very important to use this style if you need to know all the details and
info in the text.
2. Skimming: It is the process of rapidly moving your eyes over a document for a short period of time.
This reading style is advantageous to use if you are pre-reading and reviewing. It requires only
a short span of time.
3.Scanning: It is the process of dealing with a bulk amount of document to find a specific information.
It does not require too much time. It is used when you are only after a certain information.
Critical Thinking: It is the process of thinking clearly and logically. It does not only entail acquiring tons
of information, but also the way we use such information to solve problems.
Skills in Critical Thinking:
1. Responding to the material
2. Distinguishing facts from info from opinion
3. Asking questions for clarification
4. Formulating solution to a problem
5. Integrate data

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Debate vs. Mooting
Criteria
Definition

Debate
Is a formal argumentation
1.
wherein there is an intellectual
interchange of insights
regarding a certain issue, topic,
proposition.

Mooting
It is a formal debate
regarding a case taken on
appeal. Mooting is the oral
presentation of a legal issue or
problem against an opposing
counsel and before a judge. It is
perhaps the closest experience
that a student can have whilst at
university to appearing in court.

Name of Problem

Proposition/issue

Moot problem/conforme

Time the problem is given

Hours before

Months before
*2 memorials shall be prepared
(one for ddefendant, one for
prosecution)

Name of parties/number

Government and opposition

3 each team

Name given to judges

adjudicators

Prosecution and defense

4 each team 2 speakers, 1
scribe, 1 trainor
Judges

Criteria for Judging

Necessity, beneficiality,
practicability
Best debater
Best speaker
Best team

Awards given

Memorial and oral advocacy

Best mooter
Best memorial
Best team

Channels of truth: means and ways of arriving at the truth

People: e.g. witnesses, judges, counsels, personnel, etc.
Things: e.g. Evidence: tools used to ascertain the truth; must be in accordance with the rules on evidence
Types of evidence
Documentary: written instruments
Testimonial: expert or ordinary witness testimony
Demonstrative: maps, sketch, ec
Object: corpus delicti
Context of truth: different realms, orientation, or interest (FEMJr.)
Factual
Experiential
Mathematical/scientific
Judicial
Religious/doctrinal
Sometimes truth is dependent on the venue or who appreciate the concept of truth.
e.g. Legislative, Judicial, Administrative

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HYPOTHESIS: legal opinion made by the investigating lawyer after studying the facts of the case and applying
the law.
PDLT: Partys Definite Legal Theory
Law of the Case vs Res Judicata
Law of the Case: in a case on appeal, facts settled in the lower court may no longer be disputed
Res Judicata: Requisites:
1. Decision by final Judgement
2. Court of competent jurisdiction
3. Same cause of action
4. Same Identity of parties
Rule 45: appreciation of facts
Rule 65: Pure question of law
Categories of Facts:
Relevant
Material
Operative
Ultimate
Controverting: used by accused/defendant to establish weakness of the case e.g. alibi
Rehabilitating: used to cure the established weakness e.g. poor eyesight
Impeaching Facts: used explain inconsistency
Qualifying: facts asked by the court interpreter to the witness prior to the offering of his testimony
Types: personal circumstance, relationship, spatial, technical, incidental, civil status, age
*this is to check sanity and truthfulness
Logic: is the science that deals with knowledge and reasoning.
Fallacy: is an error in reasoning
Syllogism: line of reasoning which is composed of the major premise, minor premise, and conclusion.
Argumentation: is an instrument of communication which deals with the use of reasoning to influence belief
and behaviour.
Components:
1. Persuasion: seek to produce action through the use of emotional appeal
2. Conviction: deals with the mind and logic.
Philippine Courts: Court of Equity and Justice; combination of persuasion and conviction
Logical Reasoning: relating facts to each other in a logical sequence
DEDUCTION: General to specific
INDUCTION: Specific to General
Several things emphasized by the professor:
1. Proposition is a statement which may be believed, doubted, denied, or may be subjected to judgement.
2. Nature of evidence is presented
Evidence according to type: direct/indirect
Consequential
Preponderance
Substantive
Clear and convincing
Proof beyond reasonable doubt

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Sources of Evidence: research, magazine, studies
Other forms of evidence/authority:
1. Argument based on antecedent probability
2. Argument based on analogy e.g. same function, same effect
3. Arguing based on example
4. Use persuasion by logic
a. Analogy
b. Induction
c. Deduction
Factors:
1. Intelligent audience attracted by reason, not passion
2. Indifferent audience not attracted by reason
3. Debaters use conviction, politician uses persuasion like columnists do
Forms of Arguments: a. Debate
b. propaganda- one-sided, e.g. advertisement
c. brain-washing (coercion)
Purpose of Argumentation:
1. Decide a question
2. Influence
3. Achieve practical result