Models for the Analysis of Legal Argumentation EVELINE T. FETERIS Department of Speech Communication‚ Argumentation Theory and Rhetoric University of Amsterdam Spuistraat 134 1012 VB Amsterdam Netherlands e.t.feteris@uva.nl Introduction In their classical works on argumentation the philosophers Chaïm Perelman and Stephen Toulmin presented the procedures and practices of legal reasoning as a model for a rational practice of argumentation. In the 50 years since the publication of Perelman and
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NewCorp Legal Scenarios Introduction Legal Encounter 1 An organization has the right to fire an employee at-will. If the employee is not performing or is not providing a benefit to the organization‚ the organization may decide to terminate the employee. However‚ if documentation is provided at the time of hire stating the employee is not an at-will employee or the employee will receive a notice before termination occurs‚ then it can become a legal matter. In legal case 1‚ Pat is hired
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Essay. 1. Does the dismissal or withdrawal of charges and the desistance of witnesses automatically result in the dismissal of an administrative case against a judge? Why or why not. NO. The withdrawal of the complaint does not have the legal effect of automatically exonerating the respondent from any administrative disciplinary action. It does not operate to divest this Court with jurisdiction to determine the truth behind the matter stated in the complaint. Furthermore‚ the need to maintain the
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Importance of Magic and Rituals as Inspiration in Art "Many secrets of art and nature are thought by the unlearned to be magical." (Roger Bacon) Prehistoric art can be several things‚ from little stone figurines to paintings on the walls of caves. The term “prehistoric” actually tells us that the culture that produced the artwork didn’t have a written language. Prehistoric artwork can be found all over the world. A lot of artists and historians believe that at the core of each action to
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Conditional fee arrangements can be defined as fee arrangement‚ whereby payment to the solicitor is dependent upon the result of the proceedings‚ and is permitted by Section 58 of the Courts and Legal Services Act 1990 and the Conditional Fee Agreements Order 1998. Conditional fee agreements are becoming increasingly popular‚ this is because if the claimant is unsuccessful he/she will not have to pay the Solicitor for his service‚ hence‚ no win‚ no fee. Therefore it is in the best interest of both
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1. ------------------------------------------------- Basic Legal Notions Law - is a set of rules that is binding the community. A set of rules that can be enforced and is officially recognized. Law must be capable or reform and change as society’s values and ethics change. Relationship between customs‚ rules and laws- Customs and rules govern behavior but the courts do not enforce them on community members. The community may generally see a custom as right but it is not legally enforceable.
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LEGAL SYSTEMS What is a legal system It is an operating set of legal institutions‚ procedures and rules regulating a given society From a law perspective: restricted to where the ’sovereign’ commands different laws for different groups of the population From a non state perspective: includes the system of courts and judges supported by the state as well as non legal forms of normative ordering. Normative ordering - e.g. Written codes‚ security forces‚ tribunals etc which replicate the structure
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the issues raised‚ the rules and subsequent applications that could be established by the trade union against Casino Ltd. ------------------------------------------------- Issues 1. Whether Casino Ltd. (the parent company) and Caterers Ltd. (its wholly-owned subsidiary company) are considered as separate legal entities. Additionally‚ whether the concept of corporate veil applies to the corporate groups (between Casino Ltd and Caterers Ltd). 2. Is it possible to lift or pierce the corporate
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Legal study Syllabus notes FAMILY LAW Key Terms: Adoption: The taking of one’s child into one’s family‚ creating a parent to child relationship‚ and giving him or her all the rights and privileges of one’s own child. Annulment: A declaration by court that a supposed marriage is in fact void. Apprehended Domestic Violence Order (ADVO): A court order that aims to protect the applicant from violence and other forms of intimidation or abuse perpetrated by a family member Assault: A criminal
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Course: Legal & Ethical Environment Professor: Dr. Libertella Chapter 16 Business Ethics Perspective P419 1. Stewart was not an insider of ImClone and she received the tip from her stockbroker. Does she have an ethical obligation to ask where the tip came from or why the broker was recommending selling the stock? Does the fact that Stewart was an officer and director of a publicly traded corporation require her to use higher ethical standards when buying and selling stock of other companies
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