What constitutes a "legal argument"?

Study for the Legal Research and Writing Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

A legal argument is defined as a reasoned statement that supports a particular legal position. It involves presenting facts, applying relevant laws, and using logical reasoning to persuade others—whether it be a court, a client, or a legal audience—about the merits of that position. Legal arguments are constructed using structured reasoning and are typically backed by legal precedents, statutes, regulations, or constitutional provisions, which provide a solid foundation for the claims being made.

In contrast, a mere opinion on a legal matter lacks the necessary analysis and supportive frameworks that elevate it to a legal argument. Informal discussions of legal issues may not be sufficiently rigorous or grounded in applicable law to count as a legal argument and can often lack the precision and clarity that characterize formal legal reasoning. Summaries of legal statutes may contain crucial information, but they do not involve the application or analysis of those statutes in a way that constitutes an argument. Thus, the essence of a legal argument lies in its reasoned approach to advocating for a specific legal standpoint, making the selected answer the most accurate representation of what constitutes a legal argument.

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