These examples of fallacies are but the tip of the iceberg. The conclusion, therefore, does not follow the premise. People who look you in the eyes when speaking may or may not be truthful. He had nothing to do with robbing the bank.” The fallacy here is glaring (no pun intended). Gold looked you in the eyes so you know he was telling the truth. For example, counsel for the defense in closing argument is validating her client’s honesty when he took the stand in his own defense: “Ladies and gentlemen, during his testimony Mr. This fallacy, which is related to the false premise, reflects an argument that does not follow from the prior statements.
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Imagine this argument in the courtroom: “If you do not find for the plaintiff in this slip-and-fall case, you will be encouraging other grocery stores to slack off on their responsibility to keep their floors safe for the customers to walk, resulting in more and more stores failing to keep their floors safe.” The fallacy here is that there is no basis in fact for such a statement, and the prediction is speculative - if not overreaching. This fallacy is based on the premise that if we take one small step in the wrong direction, more and more serious problems will arise as we go down a slippery slope. Further, subtle attacks in written memoranda and appellate briefs should also be avoided. Such attacks can bring about sanctions, and can certainly demean your character. Darrow, you should be ashamed of yourself for bringing this case, which has no merit.” Take, for example,counsel who states the following during closing argument to opposing counsel in front of the jury: “Mr. This fallacy involves a personal attack on an adversary and must be avoided. Also, refrain from including such arguments in your own presentations. This type of argument is a “straw person.” Point out the absurdity of its relevance, even if it is true. For example, in a case where the former wife claims the husband assaulted her, counsel for the husband tries to emphasize eccentric characteristics of the wife by suggesting she was difficult to live with. This fallacy involves the creation of a distracting position in opposing an argument, and then attempting to refute or destroy it. He only looked at the medical records.” Response: “The defendant’s argument is nothing more than a red herring when, in fact, the expert had no reason to examine plaintiff as her condition did not warrant it, and the medical records were thorough and accurate.” The concept of a “distraction like a red herring” originates from the sport of fox hunting, where an odiferous scent was spread across the track of the fox to throw the hounds off the scent.Ĭonsider, for example: “You cannot accept the plaintiff’s expert’s opinion. This fallacy presents irrelevant, or false, facts that distract from the main point, in an effort to change the argument to a different direction. Thus limitations is not tolled (conclusion).” Your response should be: “Your honor, the statute of limitations provides that the case must be filed within three years from the date of the negligence or when reasonably discovered (showing false major premise). The complaint was filed four years after the alleged negligence (minor premise). The statute of limitations is three years (major premise).
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Opposing counsel states: “Your honor, the complaint should be dismissed. Now transpose this example to an argument in court. But the false premise of “all men are good” weakens, if not destroys, the entire argument. Socrates is a man, hence Socrates is good. In a deductive argument, reasoning from general to specific via syllogism is fallacious, if one of the underlying premises is false. Interestingly, mistakes in reasoning are often overlooked by both proponents and opponents. Aristotle, in his work “Rhetoric,” stated that logic is the most potent ingredient in the art of persuasion, followed by emotion and ethos. Remember, sound reasoning is at the heart of advocacy it is the most effective tool of advocacy. Also, carefully consider opposing presentations to determine whether they “hold water” or are fallacious. Therefore, it is important to examine your own planned written and oral presentations.