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A claim is a substantive statement about a thing, such as an idea, event, individual, or belief. Its truth or falsity is open to debate. Its truth or falsity is open to debate. Arguments or beliefs may be offered in support, and criticisms and challenges of affirming contentions may be offered in rebuttal.
A legal opinion is not a guarantee that a court will reach any particular result. [5] However, a mistaken or incomplete legal opinion may be grounds for a professional malpractice claim against the attorney, pursuant to which the attorney may be required to pay the claimant damages incurred as a result of relying on the faulty opinion.
Inductive reasoning also does not provide absolute certainty about positive claims. [19] [10] A negative claim may or may not exist as a counterpoint to a previous claim. A proof of impossibility or an evidence of absence argument are typical methods to fulfill the burden of proof for a negative claim. [10] [22]
A dissent in part is a dissenting opinion which disagrees selectively with one or more parts of the majority holding. In decisions that require holdings with multiple parts due to multiple legal claims or consolidated cases, judges may write an opinion "concurring in part and dissenting in part".
This barrier between fact and value, as construed in epistemology, implies it is impossible to derive ethical claims from factual arguments, or to defend the former using the latter. [ 2 ] The fact–value distinction is closely related to, and derived from, the is–ought problem in moral philosophy, characterized by David Hume . [ 3 ]
Aristotle's intended meaning is closely tied to the type of dialectical argument he discusses in his Topics, book VIII: a formalized debate in which the defending party asserts a thesis that the attacking party must attempt to refute by asking yes-or-no questions and deducing some inconsistency between the responses and the original thesis.
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The root of the words subjectivity and objectivity are subject and object, philosophical terms that mean, respectively, an observer and a thing being observed.The word subjectivity comes from subject in a philosophical sense, meaning an individual who possesses unique conscious experiences, such as perspectives, feelings, beliefs, and desires, [1] [3] or who (consciously) acts upon or wields ...