4/9/15

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Session on Logic of Legal Reasoning and the Basic Concepts of

Logic

1. The rule of law rests on legal reasoning.

Similar cases should be decided similarly.

Each case should be decided on the merits.

Reasoning behind each case should comply with the rules of PROCEDURE and EVIDENCE.

2. Reasoning techniques we employ as lawyers

Action-oriented It evaluates decisions and actions. Eg. DFA, DOH, NBI It balances epistemic objectives of the law

against the applicable non-epistemic objectives. Eg. the work of ERC, SEC, Labor Arbiters,

DOJ

Limited time, resources and information

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3. Three (3) Types of Legal Reasoning

1.Rule-based Reasoning

2.Evidence evaluation 3.Second-Order

Process Reasoning

Prima Facie Judy Ann Tax Evasion Case

Prima Facie Judy Ann Santos Tax Evasion Case

Section 248 (B) NIRC provides that the presumption of fraud in cases of SUBSTANTIAL underdeclaration of 30%, which constitutes as prima facie evidence of false or fraudulent return, punishable under Section 254 (willful attempt to evade or defeat tax) and 255 (failure to file return or supply correct/accurate info) of the Code.

Underdeclaration of at least 84% Tax court dismissed the case reversing the willful

blindness doctrine which means that an individual or corp can no longer say that the errors on their tax returns are not their fault but their accountants.

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Affirmative Defense Oscar Pistorius Murder Case

Affirmative Defense Self-Defense vs. Murder

On Valentines Day 2013 He fatally shot his girlfriend, Reeva Steenkamp, at their home. He claimed that he mistook Steenkamp for an intruder and shot her three times through a locked toilet door.

Under South African criminal law, self-defense excludes criminal liability. The court has to determine w/not the mistake was reasonable.

Generalized anxiety disorder distrusting and guarded

2014 He was found guilty of culpable homicide.

Changing the rules as a result of reasoning

Windsor vs. United States (married in Canada) DOMA (1996) violation of due process clause

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United States Supreme Court held that restricting U.S. federal interpretation of "marriage" and "spouse" to apply only to heterosexual unions, by Section 3 of the Defense of Marriage Act (DOMA), is unconstitutional under the Due Process Clause of the Fifth Amendment; Justice Kennedy wrote: "The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and to injure those whom the State, by its marriage laws, sought to protect in personhood and dignity."[4]

5. Evidence Evaluation Deciding which evidence is

relevant to which issues of fact to prove the ultimate issue of fact.

Proposi t ions = ev ident iar y assertions

Rules, witnesses and evidence create the evidentiary assertions.

Ultimate Issue to be Proved

Legal Rules

Evidence

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SC Decision: Dismissal of an employee of a Catholic school on the grounds of premarital sexual relations

& pregnancy out of wedlock was illegal.

Legal Rules Evidence

1992 Manual of Regulation for Private Schools provide that disgraceful or immoral conduct is a just cause for termination of employment.

The teacher bore a child out of wedlock.

The Supreme Court ruled: 1. The school, at the time of the controversy, did not have any policy

or rule against an employee engaging in pre-marital sexual relations.

2. The school failed to prove that her pregnancy caused a grave scandal to the school.

3. The law refers to secular morality, that is, it must not be detrimental to those conditions which depend on the existence and progress of human society.

6. Second-Order Process Reasoning

Process decisions (a) procedural and (b) evidentiary

Procedural addresses issues as general as jurisdiction or the propriety of particular filings. (eg. Decisions of the labor arbiter are immediately executory.)

Evidentiary address issues about the admissibility and legal sufficiency of evidence and standards of proof. (eg. Two Wives - Privileged communication under our Rules of Evidence)

7. Civil Law vs. Common Law Tradition

CIVIL LAW COMMON LAW

Origin France Battle of Hastings (Anglo-Saxon England)

Where U.S. and UK Europe and Latin America

Basis Constitution and legislation Judicial opinions in each case

Characteristics Inferior courts are not bound by superior courts (no

precedents)

Stare decisis (doctrine of precedents or law of

the case), Ratio decidendi (publicly

stated reason), lower court follow higher courts, recency of

decisions

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The Philippines = Mixture of common law and civil law

CIVIL LAW COMMON LAW

Legislative Power authority to make laws, to alter and repeal them; vested in Congress, except to the extent reserved to the people by the provision on initiative and referendum. (Article VI, Section 1, 1987 Constitution)

Judicial Power duty of the courts of justice to settle justiciable controversies or disputes involving rights which are legally demandable and enforceable, and to determine whether or not there has been grave abuse of discretion amounting to a lack or excess of jurisdiction on the part of any branch or instrumentality of the government; vested in the Supreme Court and in such lower courts as may be established by law (Article VIII, Section 1, 1987 Constitution)

Basic Concepts in Logic A.DEFINITION OF LOGIC the study of

correct thinking.

B.PROPOSITION (building block of logic) something that can be asserted or denied.

C.ARGUMENT any group of propositions of which one is claimed to follow from the others, which are regarded as providing support of grounds for the truth of that one.

D. PREMISE OTHER PROPOSITIONS WHICH ARE AFFIRMED OR ASSUMED AS PROVIDING SUPPORT OR REASONS FOR ACCEPTING THE CONCLUSION

E. CONCLUSION THE PROPOSITION THAT IS AFFIRMED ON THE BASIS OF THE OTHER PROPOSITIONS OF THE ARGUMENT.

F. INFERENCE THE PROCESS BY WHICH ONE PROPOSITION IS ARRIVED AT AND AFFIRMED ON THE BASIS OF ONE OR MORE OTHER PROPOSITIONS ACCEPTED AS THE STARTING POINT OF THE PROCESS.

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Premises Argument Conclusion

INFERENCE 1.Rule-Based

2.Evidence Evaluation 3.Second Order Process Reasoning

Inference 1. Rule-Based Defn. of Robbery (any person, with intent to gain, shall

take any property belonging to another) 2. Evidence Evaluation - affidavits and physical evidence

3. Second Order Process Reasoning admissibility of evidence (in the car)

Premises

1. No positive identification.

2. Witness, Mr. B, is not credible.

3. Waitress narrated in an affidavit that Mr. C

was drinking at The Pit.

Argument

MR. C DID NOT COMMIT THE ROBBERY BECAUSE

HE WAS DRINKING AT THE PIT.

CONCLUSION NOT GUILTY OF ROBBERY

Happy Weekend!