The Importance of Legal Reasoning and Persuasive Argumentation in Business Law

QUESTION

Legal education is not just getting the right answer—often there are two arguments that might be used to answer a legal question and in this course, you will need to balance competing approaches with business judgment. The written essay will consist of a “real life” business application of the law to the facts in which you will be asked to consider all elements, legal, ethical, cultural in examining a business problem. Your grade on this portion of the course will hinge on how well-thought out your argument is, how skillfully you represent the facts that are appropriate, and how persuasively you present your case given all competing considerations.

Within the questions, you are sometimes directed to outside sources for research regarding different legal principles, regulations, or regulating bodies. Those specific directions should provide you with a starting point for your own research in the particular topic as needed to provide clear, complete, and legally appropriate answer to the assigned question.

This assignment should be the product of careful thought and more than one draft. Please remember that when providing an answer to the specific questions posed, it is not enough to give the correct answer unless you back up that answer with a legal argument that includes the following:

A brief restatement of the legal question posed—usually a sentence or two that focus on the specific legal issue in this case, without reference to extraneous facts or information.
A statement of the applicable law or rule that should be applied to the facts in this case. This will be taken from the text, and will not consist of a personal opinion or ethical reaction, but rather be a statement (usually only one or two sentences) that summarizes the rule of law that you will apply to come to a correct answer. You should not restate the law in its entirety, but instead summarize the appropriate law into a short explanation of the ruling principle in this case.
Finally, a clear statement that explains how you applied the applicable law to these facts to reach a specific conclusion. This will be usually be a few sentences culminating in an answer to the specific question posed in the text. This portion of your answer should demonstrate original thinking and reasoning, and result in a definite conclusion.
All three elements are really needed for a complete answer. Remember that a “gut” feeling or an answer that tells me what you think is “right” is not enough in a course that emphasizes the accuracy of application and the importance of making a persuasive argument that explains that application.

ANSWER

The Importance of Legal Reasoning and Persuasive Argumentation in Business Law

Introduction

Legal education goes beyond providing the correct answer to a legal question. It requires the ability to balance competing arguments, exercise business judgment, and consider legal, ethical, and cultural factors in real-life business scenarios. This essay emphasizes the significance of careful thought, thorough research, and persuasive argumentation in applying the law to complex business problems. In order to effectively address legal questions, it is essential to include a restatement of the legal question, a statement of the applicable law, and a clear explanation of how the law is applied to the given facts.

Restatement of the Legal Question

The restatement of the legal question should focus on the specific legal issue at hand, without including any extraneous facts or information. It provides clarity and guides the reader in understanding the precise legal matter being addressed.

Statement of the Applicable Law

The statement of the applicable law or rule is derived from legal sources such as the text, statutes, or case law. It is not a personal opinion or an ethical reaction but rather a concise summary of the governing legal principle that applies to the case. This statement condenses the relevant law into a brief explanation of the ruling principle that forms the basis for reaching a correct answer.

Application of the Applicable Law

The application of the law to the given facts involves demonstrating how the legal principle is applied in a specific situation. It requires original thinking, reasoning, and analysis. By presenting a clear and logical argument, the essay should culminate in a definite conclusion that directly addresses the question posed. This application should consider all relevant factors, such as legal precedents, regulations, and cultural considerations, in order to provide a comprehensive and legally appropriate answer.

Importance of Persuasive Argumentation

In business law, persuasive argumentation is crucial to convey the reasoning behind the legal conclusion. It involves presenting a well-structured argument that supports the application of the law to the facts, while considering competing perspectives. A persuasive argument not only demonstrates understanding of the legal principles but also showcases critical thinking, analytical skills, and the ability to articulate a compelling case.

Conclusion

Legal education in the context of business law requires more than simply providing the correct answer. It demands careful consideration of competing approaches, balanced judgment, and persuasive argumentation. By restating the legal question, stating the applicable law, and applying that law to the facts, legal reasoning becomes a thoughtful and well-supported process. Effectively presenting the legal analysis through persuasive argumentation ensures a comprehensive and compelling response, reflecting the ability to navigate complex business scenarios while upholding legal principles.