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An argument map or argument diagram is a visual representation of the structure of an argument.An argument map typically includes all the key components of the argument, traditionally called the conclusion and the premises, also called contention and reasons. [1]
Having failed to receive a majority of the court's votes, concurring opinions are not binding precedent and cannot be cited as such. But concurring opinions can sometimes be cited as a form of persuasive precedent (assuming the point of law is one on which there is no binding precedent already in effect). The conflict in views between a ...
Precedent is a judicial decision that serves as an authority for courts when deciding subsequent identical or similar cases. [1] [2] [3] Fundamental to common law legal systems, precedent operates under the principle of stare decisis ("to stand by things decided"), where past judicial decisions serve as case law to guide future rulings, thus promoting consistency and predictability.
The doctrine of precedent developed during the 12th and 13th centuries, [52] as the collective judicial decisions that were based in tradition, custom and precedent. [53] The form of reasoning used in common law is known as casuistry or case-based reasoning.
The arguments and reasoning of a dissenting judgment (the term used in the United Kingdom [14] also constitute obiter dicta. These, however, might also be cited should a court determine that its previous decision was in error, as when the United States Supreme Court cited Justice Oliver Wendell Holmes Jr.'s dissent in Hammer v.
A dissenting opinion does not create binding precedent nor does it become a part of case law, though they can sometimes be cited as a form of persuasive authority in subsequent cases when arguing that the court's holding should be limited or overturned. In some cases, a previous dissent is used to spur a change in the law, and a later case may ...
Specious reasoning is a form of argument or analysis that relies on lies, misdirection, or misinterpreted information to make its point. Assertions made under specious reasoning often appear or are generally accepted to be true and credible. [ 1 ]
Monroe's motivated sequence is a technique for organizing persuasion that inspires people to take action. Alan H. Monroe developed this sequence in the mid-1930s. [1] This sequence is unique because it strategically places these strategies to arouse the audience's attention and motivate them toward a specific goal or action.
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