Transcript for:
Mastering the Art of Legal Argument

a lot of people argue but not a lot of people know how to argue there is a four-step Formula that lawyers are taught in law school when it comes to winning arguments I'm going to teach you this four-step formula so you know how to argue like a lawyer then I'm going to show you how this formula wins arguments at your job and in court so you'll never lose an argument again lawyers use crack not crack but crack that's a stupid joke but hopefully it makes you remember crack is the four-step formula taught to law students and you're going to learn this 80 000 formula today for free also you don't have to spend seven years in school crack stands for conclusion rule analysis conclusion let's apply this in a really simple scenario conclusion this color is great rule when primary colors red yellow or blue are mixed together they create a new color mixing equal parts yellow and blue creates green analysis green isn't a primary color which means that it must have been created by mixing primary colors I mix the two primary colors of yellow and blue which created this color conclusion therefore because the rule states that mixing primary colors yellow and blue creates green and those were the colors that I mixed then this color must be green this formula can be applied to nearly any scenario in fact I bet you're already using some parts of this formula in your arguments without even realizing it the key here is for you to be a little more focused in your delivery Begin by stating your conclusion what is the disagreement at hand and what is your position on it be clear and concise in your statement of the conclusion and try to boil it down to the simplest of terms next state the rule that applies to the disagreement this could be a statute regulation legal precedent your company's policy manual or even your homeowners association's bylaws be sure to state the rule accurately and completely now it is time to analyze how the rule applies to you the facts of your situation this is where you will make your argument explain how the rule supports your position and use evidence from your specific case to support your argument anticipate counter arguments and address them in your analysis finally restate your conclusion and summarize your argument be sure to emphasize why your analysis supports your inclusion and why it is the correct interpretation of the law rule or bylaw most people don't know how to argue so they make the mistake of debating their analysis first before establishing the conclusion and the rule beginning with your conclusion and the rule gives you ammunition to use in your analysis so you can drive your point home in the final conclusion with authority you walk into work five minutes after your shift started and your boss storms in yelling about you being late and threatening to fire you it's true your company's policy allows termination of employees for being late however your company's policy manual states that an employee is late if the employee arrives 10 minutes later then their shift begins I know what you're thinking that's an easy argument your first instinct is to just say no I'm not but that just opens the discussion for debate and argument that's not how to argue if you want to win use the crack boss I'm actually not late today the company policy manual states that employees are late if the employee arrives 10 minutes or later after the beginning of the shift I arrive to my shift within five minutes of it beginning and not 10 minutes or more after it began respectfully because I'm not considered late according to company policy then there's no reason to threaten move the termination do you see how clear concise and persuasive that is I'm willing to bet that your boss doesn't know how to argue so they will be stunned when with your bulletproof argument if you want to know how to argue in court then this is where things get really interesting here's where learning how to argue is like learning a secret language when you learn how to argue using this four-step formula you're going to tell the judge that you know the secret language you have to remember that the judge was an attorney for several years before putting on the robe the judge hears experienced attorneys speak the secret language all day every day so learning to speak it will put you on par with the other litigators here's what that looks like you get served with a lawsuit for not paying a long forgotten credit card bill the last time you use this credit card was at least 10 years ago the law in Texas is that breach of contract lawsuits must be filed within four years of the breach as that's the statute of limitations use the crack judge the plaintiff cannot sue me for this breach of contract and this case must be dismissed in my favor a cause of action for breach of contract must be followed not later than four years following the date of the breach and Suits filed after the limitations period are barred the date of the breach in this case was 2013 but plaintiff waited until 2023 to follow the suit therefore I'm entitled to assert the defense of limitations this case must be dismissed in my favor because plaintiff failed to file suit within the limitations period and this lawsuit is barred by law when the judge hears your perfectly executed argument you'll probably get a subtle nod maybe even a little wink because even experienced litigators sometimes fail to present such a well-crafted argument unfortunately not all of your arguments will be with people who will appreciate the Beauty and the Art of arguing you may have noticed that the art of the argument as I've laid it out doesn't call for a lot of arguing what some people call arguing yelling insults back and forth is not actually arguing but is just pointless quarreling argue means to give reasons or cite evidence in support of an idea action or Theory typically with the aim of persuading others to share one's view core means an angry difference of opinion arguing doesn't require anger in fact anger will destroy a good argument because the best arguments are based on logic when arguing you must stick to the four-step crack formula if you want to win if you're lucky enough to argue with someone who concedes to your winning argument thank them and move on with a class most likely though when your opponent realizes that your argument is Rock Solid then they will try to drag you down into the mud with insults and aggression don't fall for it don't ever wrestle with a pig you'll both get dirty and the pig will enjoy it when you see the signs of aggression yelling puffed up chest or insults you should see that for what it is the white flag of surrender take your win and walk away with pride now that you know how to argue like a lawyer you'll be winning arguments in no time but before you start setting trial dates counselor make sure you check out these courtroom tips