Legal Rationale Vs Defense Strategy?

Asked over 2 years ago - San Diego, CA

What is the difference between Legal Rationale and Defense Strategy?

How could one establish Legal Rationale without giving information on Defense Strategy?

Are there any samples to contrast the two?

Additional information

Appreciate your help - I do not have text books.

Attorney answers (4)

  1. Frank Wei-Hong Chen

    Contributor Level 20

    5

    Lawyers agree

    Answered . Legal rationale is what gets you from the facts and law to a particular conclusion. Therefore, once you identify the issue, you then apply the facts to the applicable law. The process of using legal rationale helps you to arrive at the conclusion for your argument. You always need legal rationale to convince the court and to convince the opposing side to agree with your position.

    Defense strategy is to road map of how a defendant defeats the plaintiff. The strategy can be both procedural and substantive. Procedural defenses are typically motions which make the court rule in the defendant's favor early on in the case to obviate the necessity for a trial. Substantive defenses usually require collecting evidence such as by written discovery and taking oral depositions. With the appropriate evidence, the defendant can effectively demolish or defend the plaintiff's claim(s) by the time the case gets to trial.

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is... more
  2. Michael Charles Doland

    Contributor Level 20

    2

    Lawyers agree

    Answered . This is really a homework assignment without any practical application. Good news, the answer is in your textbook and/or class notes.

    The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may... more
  3. David Philip Shapiro

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    Answered . Avvo. com
    "Expert Advice When You Need it Most."

    Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555
  4. Dave Bahr

    Contributor Level 16

    1

    Lawyer agrees

    Answered . I concur with my colleague's response.

    I have been licensed to practice in the State of Oregon since 1990. I am not offering legal advice regarding your... more

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