Argument: legal definition and example

Definition

An argument is a statement or series of statements presented to support or refute a proposition or thesis. In law, arguments are often presented at trial to persuade the judge or jury to rule in favor of the party presenting them.

Example

Let’s take the example of a car accident trial. The plaintiff’s lawyer might present arguments such as the defendant’s failure to obey traffic regulations, negligence on his part, or the physical and financial damage suffered by his client. The defendant’s lawyer, on the other hand, may present arguments such as the lack of proof of his client’s responsibility for the accident, or the possibility that the plaintiff contributed to the accident through his own behavior on the road. The arguments presented by each party are designed to convince the judge or jury to rule in their favor. That’s why it’s crucial for lawyers to prepare their arguments well, and to present them clearly and convincingly.

Citation and reference

Here are a few quotations from Canadian law on the legal term “argument”:

– “Argument is the set of reasons and evidence presented to support a thesis or position in a legal case.” (Source: Lexique juridique du Québec)

– “An argument is a proposition or series of propositions intended to convince the court of the correctness of a thesis or position.” (Source: Quebec Code of Civil Procedure, article 4.1)

– “The parties may present written or oral arguments in support of their position in a court case.” (Source: Supreme Court of Canada Act, section 37)

– “The judge must listen carefully to the arguments of the parties before rendering his decision.” (Source: Criminal Code of Canada, section 686)

– “Counsel must present clear and concise arguments to avoid confusion or misunderstanding in a court case.” (Source: Quebec Rules of Civil Procedure, article 4.02)