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Informal fallacies – arguments that are logically unsound for lack of well-grounded premises. [14] Argument from incredulity – when someone can't imagine something to be true, and therefore deems it false, or conversely, holds that it must be true because they can't see how it could be false. [15]
However, the logical validity of an argument is a function of its internal consistency, not the truth value of its premises. For example, consider this syllogism, which involves a false premise: If the streets are wet, it has rained recently. (premise) The streets are wet. (premise) Therefore it has rained recently. (conclusion)
Palsgraf v. Long Island Railroad Co., 248 N.Y. 339, 162 N.E. 99 (1928), is a leading case in American tort law on the question of liability to an unforeseeable plaintiff.The case was heard by the New York Court of Appeals, the highest state court in New York; its opinion was written by Chief Judge Benjamin Cardozo, a leading figure in the development of American common law and later a United ...
Slippery slope arguments may be defeated by asking critical questions or giving counterarguments. [32] There are several reasons for a slippery slope to be fallacious: for example, the argument is going too far into the future, it is a too complex argument whose structure is hard to identify, or the argument makes emotional appeals. [33]
Frivolous litigation is the use of legal processes with apparent disregard for the merit of one's own arguments. It includes presenting an argument with reason to know that it would certainly fail, or acting without a basic level of diligence in researching the relevant law and facts.
The legal rule itself – how to apply this exception – is complicated, as it is often dependent on who said the statement and which actor it was directed towards. [6] The analysis is thus different if the government or a public figure is the target of the false statement (where the speech may get more protection) than a private individual who is being attacked over a matter of their private ...
Katko v. Briney, 183 N.W.2d 657 (Iowa 1971), is a court case decided by the Iowa Supreme Court, in which homeowners Edward and Bertha Briney were held liable for battery for injuries caused to trespasser Marvin Katko, who set off a spring gun set as a mantrap in an uninhabited house on their property. [1]
The source of many informal fallacies is found in a false premise. For example, a false dilemma is a fallacy based on a false disjunctive claim that oversimplifies reality by excluding viable alternatives. [12] [4] [16] The context of an argument refers to the situation in which it is used.