Legal Analysis by David S. Romantz & Kathleen Elliott Vinson

Author:David S. Romantz & Kathleen Elliott Vinson
Language: eng
Format: mobi
Tags: Legal Practical Resources, Pre-Law, Introduction to Law, Law School Study Aids, Lawyering Skills/Study Aids
Publisher: Carolina Academic Press
Published: 2009-06-30T21:00:00+00:00

Resolved Ambiguity: Congress intended the word “uses” to mean engaging or firing a gun in the commission of the crime.

Minor Premise: The defendant bartered a gun for five kilograms of cocaine.

Conclusion: The defendant shall not be sentenced to prison under the statute.

Both the government and the defendant resolved the ambiguity by offering a definition that defines the term “uses.” Each party advanced a definition that benefited his or her legal position. Both parties then employed deductive or rule-based reasoning and deduced a conclusion by applying the minor premise—the facts—to the resolved major premise—the statute. Because each argument rested on the resolution of the ambiguity in the major premise, each party is able to deduce a conclusion that favors his or her position. Ultimately, the prevailing party is the one who presents the more credible or “truthful” resolution of the ambiguous term.

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