what is the analogy for attorney

What is an analogy in law?

Rendered as an analogy, the lawyer's point would be: "the large utility is to the fisherman as the small utility is to the catfish" and "the knife is to the catfish's vitality as the large utility's conduct is to the small utility's vitality." Dr. Martin Luther King.

Can we use analogies to demonstrate points?

May 05, 2017 · Analogies Can Always Be Busted. Even the best analogies have an inherent flaw: No analogy is so perfect that it exactly mirrors the situation or argument you are attempting to make. Although jurors appreciate their own analogies (because they came up with them), they are quick to tear apart analogies used by an attorney they disagree with.

What is the origin of analogies?

Analogy. The inference that two or more things that are similar to each other in some respects are also similar in other respects. An analogy denotes that similarity exists in some characteristics of things that are otherwise not alike. In a legal argument, an analogy may be used when there is no precedent (prior case law close in facts and legal principles) in point.

Why do jurors use analogies in court?

Nov 01, 2020 · When there is an argument from analogy, as in the preceding free speech argument, ... Gerry Spence is serving as the pro bono defense attorney for an “environmental terrorist” who embedded metal plates in trees so that the bulldozers would be wrecked (and, potentially, the drivers injured). ...

What is lawyer analogy?

Lawyers frequently make arguments by analogy. Attorneys justify an analysis or argument by citing and reasoning about analogous prece- dents. In an effort to convince a judge or another attorney how to decide a problem situation, they draw analogies to prior cases where similarly situated parties won.

What is legal analogy?

In a legal argument, an analogy may be used when there is no precedent (prior case law close in facts and legal principles) in point. Reasoning by analogy involves referring to a case that concerns unrelated subject matter but is governed by the same general principles and applying those principles to the case at hand.

What are the examples of analogy?

An analogy is saying something is like something else to make some sort of explanatory point. For example, “Life is like a box of chocolates—you never know what you're gonna get.” You can use metaphors and similes when creating an analogy. A simile is a type of metaphor.Sep 29, 2021

What is an attorney called?

A lawyer (also called attorney, counsel, or counselor) is a licensed professional who advises and represents others in legal matters. Today's lawyer can be young or old, male or female.Sep 10, 2019

What does analogous mean in law?

Analogous means similar to; capable of being compared to something else with similar characteristics.

What is the analogy of Hammer?

1) To a man with a hammer, everything looks like a nail. 2) If your only tool is a hammer then every problem looks like a nail. 3) Give a young boy a hammer, and he will treat everything as a nail.May 8, 2014

What are the 12 types of analogy?

Terms in this set (12)word:antonym. (opposites) ... word:synonym. ___ means the same as ___ ... part:whole. ____ is part of the ____ ... tool:its action. ____ is used to ___ ... object:user. The ___ is used by a ___ ... tool:object it is used with. ___is used with the ___ ... category:example. ___is a type of ___ ... cause:effect. ___ causes ___More items...

What are the 7 types of analogy?

Solving Seven Types of AnalogiesSynonyms. Synonyms are words that mean the same thing, and synonym analogies consist of two pairs of synonyms. ... Antonyms. ... Object/Purpose. ... Source/Product. ... Part/Whole. ... Animal/Habitat. ... Characteristic. ... Operator.More items...

What are the 5 types of analogy?

What are the 5 types of analogy?Cause to effect analogies.Object to purpose analogies.Synonyms.Antonyms.Source to product analogies.Jun 12, 2021

Can I put JD after my name?

JD can go after a lawyer's name, but it is usually only used in academic settings. Even though a legal degree is a doctorate, you do not usually address law degree holders as "doctor." Lawyers do not normally put Esq. after their name and many attorneys consider it old-fashioned.

What is the plural of attorney?

attorneysThe plural of "attorney" is "attorneys." You may have in mind the rule that English nouns ending in "-y" change the "y" to "i" before adding "es" to make the plural form, but this rule applies only when the sound/letter preceding the final "-y" is a consonant, e.g., "city/cities" and "dummy/dummies." The "e" in " ...Sep 14, 2016

Who can be an attorney?

The person appointed to act on behalf of the donor is called an attorney. Anyone can be an attorney, as long as: they are capable of making decisions, and. they are 18 or over.

Why do lawyers use analogies?

Sometimes, a lawyer may try to use a global analogy to take the entire legal situation and compare it with a nonlegal one in order to elicit sympathies from the decision maker.

What was the case in Adams v. New Jersey?

In Adams v. New Jersey Steamboat Co., (12) a steamboat passenger sued the owner after the theft of valuables from the rented cabin ; neither passenger nor owner had been negligent. The passenger claimed the owner nonetheless was strictly responsible, regardless of any failure or compliance with care, in light of prior case ruling that innkeepers were strictly liable for the theft of boarders' valuables. The owner argued against strict liability and pointed to precedents rejecting liability claims by passengers on open-berth sleeping trains. For purposes of liability for theft from a passenger, should the steamboat owner be viewed as more like the innkeeper or more like the train owner? The court reasoned that "A steamer carrying passengers upon the water, and furnishing them with rooms and entertainment, is, for all practical purposes, a floating inn, and hence the duties which the proprietors owe to the passengers in their charge ought to be the same." (13) The court noted that both innkeepers and steamboat operators are entrusted with high levels of confidence in the face of temptations by many to endanger guests. Given this parallel relationship to guests, innkeepers and steamboat operators should bear the same kinds of duties to guests. (14)

How does reasoning by analogy work?

Reasoning by analogy works by inferring from the recognition that two items share some traits that they share an additional trait that one of them is known to possess or by judging that because two items share some traits they should be characterized or treated in a similar way. (7) To be persuasive, the comparison must appeal to a sense ...

Is a train dangerous?

Alternatively, the train is inherently dangerous because it moves so quickly and can cause such damage upon impact with a stationary object or person; the auto is more like the train than the horse-drawn wagon in this respect and should be treated the same way.

Why is it wrong to urge an individual to cease his efforts to gain his basic constitutional rights?

We must come to see that, as the federal courts have consistently affirmed, it is wrong to urge an individual to cease his efforts to gain his basic constitutional rights because the quest may precipitate violence. Society must protect the robbed and punish the robber.".

What is the doctrine of res judicata?

The doctrine of res judicata -- claim preclusion -- directs that a judgment on the merits of a controversy bars subsequent actions between the same parties upon the same claim. Discerning what suits should be precluded often engages courts and parties in analogical reasoning.

How to determine the base point of a comparison?

The three steps of 1) locating a base for comparison; 2) identifying similarities and differences between the base and the disputed instance; and 3) determining whether the similarities are more weighty than the differences are also used in the process of reasoning by disanalogy. Here the base point is used to demonstrate why the disputed instance is sufficiently different to warrant treatment different than that accorded to the base point. Consider this in the context of inherently dangerous objects. Let's assume that a gun has already been treated as an inherently dangerous object. Should a lamp that exploded be treated similarly as an inherently dangerous object? Perhaps we note that the gun was designed to injure while the lamp was not.

What do jurors do when they leave out details?

It’s well established that people often think in pictures, and when details are left out of a party’s story of the case, jurors will fill in those details with their own mental imagery of the story. When analogies are used, jurors create mental images of the event, and those images can spill into the case facts.

Is an analogy perfect?

Even the best analogies have an inherent flaw: No analogy is so perfect that it exactly mirrors the situation or argument you are attempting to make. Although jurors appreciate their own analogies (because they came up with them), they are quick to tear apart analogies used by an attorney they disagree with.

Can analogies offend jurors?

Along the same lines, simple analogies can also offend jurors by coming across as patronizing. Although the attorney may believe he or she is helping the jury to understand a complex transaction, making an analogy to something too simplistic – like a purchase at a lemonade stand – can insult the jury’s intelligence.

Why are analogies used in writing?

Analogies are often used merely for rhetorical effect. Acel Moore of the Philadelphia Inquirer, for example, writes: “Writing editorials is a lot like wearing a navy blue suit and standing in a rainstorm on a cold day and wetting your pants; it may give you a warm feeling for a minute, but no one else is going to notice.” Moore doesn’t attempt to establish any conclusion based on the similarity—he simply makes note of it. Don’t jump to the conclusion that an analogy introduces an argument unless there really is—at least implicitly—a conclusion.

What is analogy in argument?

Argument from analogy —an argument that asserts that because two items are the same in one respect, they are the same in another respect. They can be represented by this form:

What is the fallacy of faulty analogy?

Also called the fallacy of faulty analogy. Inferred analog —in an argument from analogy, the item in question, about which the argument is drawing its conclusion. Inferred similarity —in an argument from analogy, the property that the inferred analog is alleged to have because the basic analog has it.

Why is analogy compared to inferred analogy?

The basic analog is compared to the inferred analog; because they have the basic similarity in common, it is concluded that the inferred analog also has the inferred similarity.

How to identify analogs?

It is easiest to begin by identifying the analogs—the two items that the arguer is comparing; insert the one that is not in question into the A position as the basic analog, and the one that is in question into the B position, as the inferred analog.

Is a manatee a mammal?

The basic or inferred analog, for example, will sometimes include more than one item, as in this example: Manatees must be mammals, since whales and dolphins, like manatees, are sea creatures that give live birth, and whales and dolphins are definitely mammals.

How to structure analogy arguments?

Structure arguments from analogy, when it would be loyal to do so, by identifying four things—the basic and inferred analogs and the basic and inferred similarities— then inserting each into its proper place in the form. Remember that the second premise, which declares the basic similarity, is often implicit.

How are similes and metaphors similar?

Analogy, metaphor and simile are all similar in that they all have to do with making comparisons. But there's some debate about the precise nature of the relationship between these three concepts. There are two main camps in this debate: 1 The first camp believes that metaphor and simile are types of analogies. 2 The second camp believes that metaphor and simile are not types of analogies, but distinct tools that can be used to articulate analogy.

What is analogy in music?

Here’s a quick and simple definition: An analogy is a comparison that aims to explain a thing or idea by likening it to something else. For example, a career coach might say, "Being the successful boss or CEO of a company is like being an orchestra conductor: just as the conductor needs to stand up front where everyone— even the musicians in ...

Is metaphor an analogy?

They would say that metaphors are implicit analogies, while similes are explicit analogies. In other words, metaphors implicitly perform the function of analogy—pointing out similarities between two different things—by saying that something is something else. For example, "Juliet is the sun.".

What is the idea behind analogy?

The writer Douglas Hofstadter even went so far as to say that analogy is "the core of cognition," suggesting that the most fundamental tool we have for understanding the world is the ability to make comparisons between things.

What is Shrek's goal in the movie?

His goal is to reveal something about ogres (the unfamiliar target) by showing that he's not so different from onions (the familiar source).

What is the metaphor of Juliet?

People in the first camp would argue that the metaphor "Juliet is the sun" is a type of analogy because it operates by making an implicit comparison, such as "Juliet and the sun are similar; just like the sun, Juliet is radiant and fills Romeo's days with light.". Meanwhile, first-campers would say that the simile "Juliet is like ...

What scene does Jaques compare the world to stage?

The melancholy character Jaques crafts the following analogy in Act 2 Scene 7 of As You Like It. In one of the most famous lines from all of Shakespeare, Jaques compares the world to stage, and each individual to an actor playing a part that changes with age.

Attorney vs Lawyer: Is there a Difference?

It’s common to call an attorney a lawyer or vice versa. The terms are often used interchangeably. However, there is a difference between an attorney and a lawyer.

What Qualifies Someone as a Lawyer?

A lawyer has had years of experience and training in the judicial field and the law. Lawyers can specialize in different areas of law to provide legal advice to people. In fact, a person educated in the law is always addressed as a lawyer, even if they decide to not give legal counsel to clients.

What are the Duties of a Lawyer?

The responsibilities of a lawyer vary since not all lawyers choose to take the bar exam.

What Qualifies Someone as an Attorney?

Attorneys, also known as attorneys-at-law, are recognized as lawyers and have studied law and the judicial system. An attorney has also graduated from law school and performs the basic functions of a lawyer. However, all attorneys have passed the bar exam, which allows them to practice law within a specific jurisdiction.

What are the Duties of a Attorney

Since an attorney is able to represent clients in court, their primary duties are to plead, defend, and argue as a representative for their client. As officers of the court, it is mandatory for all attorneys-at-law to pass the bar exam.

How Lowman Law Firms Services Can Meet Your Needs

Now that you have a better understanding of the role attorneys and lawyers can play in your case, you may be wondering “ How do I find a lawyer or attorney?”

Why is Rule 1 important?

Attorneys often get lost in law and details and lose site of the people that make any case have meaning. If you have an individual plaintiff or defendant, the case is about them and how the facts have injured them either physically, mentally or monetarily. Any time an attorney can get beyond the mere facts of the case, and get to the story behind that case, they are doing a great service to their client.

What does an attorney do in a trial?

Attorneys sometimes act in trial or media tion as if they’re little more than an evidence machine collecting all the right evidence, excluding all the improper evidence, applying the law and expecting a positive outcome. That might be good enough to win some cases, but any really good attorney is a masterful storyteller who can shape ...

How can a true storyteller create drama and interest?

While a true storyteller can create drama and interest by developing a narrative arc and revealing facts along the way, this is much harder for an attorney who really has to lay out the facts in a more direct way. However, the use of visuals such as animations, graphics, video, storyboards and time lines can go a long way toward creating interest where boredom can reign. Everyone loves to see a case presented like a documentary because it is easy to understand and powerful. We believe what we see.

What does "likeness" mean?

likeness, similarity, resemblance, similitude, analogy mean agreement or correspondence in details. likeness implies a closer correspondence than similarity which often implies that things are merely somewhat alike. a remarkable likeness to his late father some similarity between the two cases resemblance implies similarity chiefly in appearance or external qualities. statements that bear little resemblance to the truth similitude applies chiefly to correspondence between abstractions. two schools of social thought showing points of similitude analogy implies likeness or parallelism in relations rather than in appearance or qualities. pointed out analogies to past wars

Where does analogy come from?

The word analogy (which comes from analogous) traces back by way of Latin to a Greek word meaning "proportionate.". That word has a root in the Greek word logos, meaning "reason.".

What is analogy in speech?

In its most common use, analogy has to do with comparison of things based on those things being alike in some way. For example, one can make or draw an analogy between the seasons of the year and the stages of life. People also reason by way of analogy, asserting, for example, that abandoning a project is like leaving a house partway built. Although an analogy can be summarized quickly, as in these examples, an analogy actually encompasses the comparison or inference itself, and is therefore different from figures of speech, like metaphors and similes, which are forms of expression.

What are analogies in writing?

In writing, there are two predominant types of analogies: 1 Analogies that identify identical relationships. The modern word “analogy” actually comes from the ancient Greek word for “proportionality,” and Greek scholars used analogies to directly illustrate similar relationships between two pairs of words, often for the purpose of logical argument. These analogies take the form “A is to B as C is to D.” An example of an analogy that identifies an identical relationship is “Black is to white as on is to off.” In this example, the relationship between black and white (that they’re antonyms, or opposites) is exactly comparable to the relationship between on and off (on and off are also opposites). 2 Analogies that identify shared abstraction. This type of analogy compares two things that are technically unrelated, in order to draw comparisons between an attribute or pattern they share. For instance, consider the analogy, “Raising children is like gardening—nurture them and be patient.” This example compares the pattern that is similar in both raising children and gardening. This type of analogy is useful in writing because it can help make abstract ideas (like raising children) more concrete by drawing on readers’ background knowledge of familiar images (like gardening).

Why is analogy important in writing?

In writing, analogy can be useful to explain an unfamiliar concept or idea. Using an analogy to link this idea to something that is familiar can help the reader better comprehend what you’re trying to say. It’s also a catchy and clever way to help get a point across. To write a good analogy, keep these points in mind:

What is the purpose of analogy?

An analogy is something that shows how two things are alike, but with the ultimate goal of making a point about this comparison. The purpose of an analogy is not merely to show, but also to explain. For this reason, an analogy is more complex than a simile or a metaphor, which aim only to show without explaining.

How to write an analogy?

To write a good analogy, keep these points in mind: Try to create easy-to-understand imagery. If you’re trying to explain to your reader how one thing is similar to another, you have to make sure the example you’re using is common and easily understood.

Is a simile a metaphor?

A simile is a type of metaphor. All similes are metaphors, but not all metaphors are similes. Learn more about the differences and similarities between analogy, simile, and metaphor in our complete guide here.

What is an analogy in a logical argument?

The modern word “analogy” actually comes from the ancient Greek word for “proportionality,” and Greek scholars used analogies to directly illustrate similar relationships between two pairs of words, often for the purpose of logical argument.

What is the meaning of "life is like a box of chocolates"?

For example, “Life is like a box of chocolates.”. A metaphor is often poetically saying something is something else. For example, “Life is a box of chocolates.”. An analogy is saying something is like something else to make some sort of explanatory point.

Analogy Definition

• What is an analogy? Here’s a quick and simple definition: Some additional key details about analogies: 1. Analogy has different meanings in the context of different academic fields. For instance, someone studying logic would say that analogy is "an inference that, if two things are similar in some ways, they must also be alike in others." A cognitive scientist or a lawyer would …

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