Legal Definitions - argument

In legal terms, an argument refers to the structured presentation of reasons, evidence, and legal principles by a party to persuade a decision-maker, such as a judge or jury, to accept a particular viewpoint or reach a specific conclusion. It encompasses both the act of making this persuasive presentation and the specific points or reasons that are put forward to support a claim or refute an opposing one.

• Imagine a prosecutor in a criminal trial delivering their closing argument to the jury. They meticulously review the evidence presented throughout the trial, explain how each piece connects, and articulate why this evidence proves the defendant's guilt beyond a reasonable doubt. The prosecutor's entire presentation, including the logical flow and the specific facts highlighted, constitutes their argument, aimed at persuading the jury to convict.

• Consider a civil case where an attorney files a motion asking the court to dismiss a lawsuit. In their written submission and during a subsequent hearing, the attorney presents an argument detailing why the plaintiff's claims lack legal merit or why the court lacks jurisdiction. This involves citing relevant statutes, case law, and factual deficiencies to persuade the judge to rule in their client's favor.

• During a negotiation between two companies over a breach of contract, each company's legal team will present their respective arguments. For instance, one company might argue that specific clauses in the contract were violated, leading to damages, while the other might argue that their actions were compliant or that the damages claimed are excessive. These are the reasoned positions, supported by contract language and business facts, that each side uses to try and influence the settlement discussions.