Cases should be evaluated on their merits.
A strong argument has two components: 1) It is supported by the law; and 2) It leads to a just result. The less you have of one of these arguments the more you will need of the other. When deciding the amount of weight to give to your legal arguments the following 4 factors should be considered in order of importance:
- Binding Authority: Binding authority clearly carries the most weight in evaluating the strength of a legal argument. Case law will generally trump statute.
- Persuasive Authority: The amount of weight given to persuasive authority is directly correlated with how authoritative the source is. This is consistent with the Means of Persuasion, stating credibility is the most important means of persuasion.
- The Logic of the Argument: The logic of the argument is how you draw your conclusion from the facts and the law based on Logic & Reason.
- The Consensus: Sometimes there is no authoritative or persuasive source on a specific issue. In these situations it could be helpful to show there is a consensus among the relevant attorneys in that practice area. This will likely be one sided, as the criminal defense bar and the Department of Justice usually have differing opinions.
AVOID CONCLUSORY ARGUMENT
Avoiding conclusory arguments is less obvious than it appears. Many attorneys have an opinion on what the outcome of an issue should be, and will just argue that conclusion to the judge. Unfortunately when the judge asks them what law and facts support this position they don't have an answer for the question.
