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When a presupposition includes an admission of wrongdoing, it is called a "loaded question" and is a form of entrapment in legal trials or debates. The presupposition is called "complex" if it is a conjunctive proposition, a disjunctive proposition, or a conditional proposition.
Disjunctive allegations are allegations in a pleading joined by an "or". In a complaint, disjunctive allegations are usually per se defective because such a pleading does not put the party on notice of which allegations they must defend. [1] On the other hand, defendants often plead in the alternative by listing seemingly inconsistent defenses ...
Rules of inference are syntactical transform rules which one can use to infer a conclusion from a premise to create an argument. A set of rules can be used to infer any valid conclusion if it is complete, while never inferring an invalid conclusion, if it is sound.
In order to evaluate these forms, statements are put into logical form. Logical form replaces any sentences or ideas with letters to remove any bias from content and allow one to evaluate the argument without any bias due to its subject matter. [1] Being a valid argument does not necessarily mean the conclusion will be true. It is valid because ...
Notice pleading is the dominant form of pleading used in the United States today. [2] In 1938, the Federal Rules of Civil Procedure were adopted. One goal of these rules was to relax the strict rules of code pleading. [2] The focus of the cause of action was shifted to discovery (another goal of the FRCP). [2]
In classical logic, disjunctive syllogism [1] [2] (historically known as modus tollendo ponens (MTP), [3] Latin for "mode that affirms by denying") [4] is a valid argument form which is a syllogism having a disjunctive statement for one of its premises. [5] [6] An example in English: I will choose soup or I will choose salad. I will not choose ...
The Supreme Court of Judicature Act 1873 merged together various trial courts, including the Court of Chancery, to form what is now known as the High Court of Justice. Although discovery by then had been available at common law for almost two decades, the new court generally looked to the older and broader form of discovery in chancery as the ...
Code pleading sought to abolish the distinction between law and equity. [7] It unified civil procedure for all types of actions as much as possible. The focus shifted from pleading the right form of action (that is, the right procedure) to pleading the right cause of action (that is, a substantive right to be enforced by the law). [8]