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A good lawyer knows the law; a great lawyer knows the judge.
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Legal Definitions - conclusional
Definition of conclusional
The term conclusional describes a statement or argument that presents a conclusion without offering the necessary facts, evidence, or detailed reasoning to support it. Such a statement asserts something as true without explaining the underlying basis for that belief, making it difficult to evaluate its validity. In legal proceedings, conclusional statements are generally considered insufficient because they lack the factual foundation required for a court or jury to make an informed decision.
Here are some examples to illustrate this concept:
Legal Complaint: Imagine a lawsuit where a person claims, "The defendant acted negligently and caused my injuries." This is a conclusional statement. It states the ultimate conclusion (negligence and causation) but provides no specific facts about *what* the defendant did, *how* those actions were negligent, or *how* those actions directly led to the plaintiff's injuries. To be legally sufficient, the complaint would need to detail specific events, dates, and actions that support the claim of negligence and explain the causal link to the injuries.
Explanation: This illustrates "conclusional" because it asserts a legal wrong without presenting the underlying factual details that would allow a court to understand and evaluate the claim.
Expert Witness Testimony: During a trial, an expert witness might state, "The product was inherently defective." This is a conclusional finding. While it's an important conclusion, it lacks the supporting data and analysis. A non-conclusional expert would provide details like specific material test results, design flaws identified through engineering analysis, manufacturing process errors, and how these factors led to the product's defect, all of which support their ultimate opinion.
Explanation: Here, the statement is conclusional because it presents the final judgment without the detailed technical evidence and reasoning that an expert is expected to provide to substantiate their opinion.
Contract Dispute Letter: A business sends a letter to another party stating, "You are in breach of our agreement." This is a conclusional assertion. For it to be effective and legally sound, the letter should specify *which clause* of the contract was breached, *how* the other party's actions (or inactions) violated that clause, and *when* the breach occurred. Without these specifics, the claim of breach is merely an unsupported conclusion.
Explanation: This example shows a conclusional statement because it provides a final decision (breach) without explaining the specific contractual terms or factual actions that led to that outcome, making it difficult for the recipient to understand the basis for the claim.
Simple Definition
Conclusional is an adjective used interchangeably with "conclusory." In legal contexts, a statement, argument, or pleading is conclusory when it asserts a conclusion without providing the underlying facts, evidence, or reasoning to support it. Such statements are generally insufficient because they lack the necessary factual basis to be persuasive or legally valid.