What Is A Legal Claim?

1. Not all sentences can function as claims for argumentative purposes.

True

False

True. Questions don't count, for example. Nor do imperatives (commands). Nor do claims that are so vague or ambiguous that we can't understand what's being said.

Explanation

True. Questions don't count, for example. Nor do imperatives (commands). Nor do claims that are so vague or ambiguous that we can't understand what's being said.

2. Can the following function as a claim in an argument? "Are you going to the beach this weekend?"

Claim

Not a claim

Not a claim. This is a question. Questions can't be either true or false.

Explanation

Not a claim. This is a question. Questions can't be either true or false.

3. In logic the terms "statement", "proposition" and "claim" are commonly used to mean the same thing — namely, an assertion that can be true or false (but not both).

True

False

The terms "statement," "proposition," and "claim" are commonly used interchangeably in logic to refer to an assertion that can be either true or false.

Explanation

The terms "statement," "proposition," and "claim" are commonly used interchangeably in logic to refer to an assertion that can be either true or false.

4. For a sentence to function as a claim in an argument, there must be a shared understanding among all relevant parties of the meaning of the sentence.

True

False

True. This is a not a trivial requirement. A lot of unproductive debate is based on a failure to make clear what the issue is and what claims are actually being asserted.

Explanation

True. This is a not a trivial requirement. A lot of unproductive debate is based on a failure to make clear what the issue is and what claims are actually being asserted.

5. Can the following function as a claim in an argument? "Put your hands in the air and turn around!"

Claim

Not a claim

Not a claim. This is a command. Commands can't be either true or false.

Explanation

Not a claim. This is a command. Commands can't be either true or false.

6. So-called "rhetorical questions" are actually not questions at all, but statements disguised as questions.

True

False

True. Sometimes we use the grammatical form of a question when we're really making an assertion. Sarcastic questions often function this way.

Explanation

True. Sometimes we use the grammatical form of a question when we're really making an assertion. Sarcastic questions often function this way.

7. In the context of logic and argumentation, to understand the meaning of a sentence is to understand what it would mean for the sentence to be true or false.

True

False

True. Again, this isn't a trivial point. There may be other ways that language can carry meaning (think of poetry, think of metaphor, etc.), but for purposes of argumentation we need clarity, and this is a good test for clarity - do everyone understand what it would mean for the claim to be true rather than false?

Explanation

True. Again, this isn't a trivial point. There may be other ways that language can carry meaning (think of poetry, think of metaphor, etc.), but for purposes of argumentation we need clarity, and this is a good test for clarity - do everyone understand what it would mean for the claim to be true rather than false?

8. Prediction: "Today you will receive a phone call at 3:31 PM, from a man asking about donations to the Red Cross."

Too vague to function as a claim

Too ambiguous to function as a claim

Both

Neither — this can function as a claim

(d) It's very clear what's being asserted here.

Explanation

(d) It's very clear what's being asserted here.

9. If the meaning of a sentence is vague at all, then it cannot function as a claim in an argument.

True

False

False. All language will have some degree of vagueness. The relevant question is whether the claim is TOO vague, given the argumentative context.

Explanation

False. All language will have some degree of vagueness. The relevant question is whether the claim is TOO vague, given the argumentative context.

10. Prediction: "Tomorrow is a day of new opportunities."

Too vague to function as a claim

Too ambiguous to function as a claim

Both

Neither — this can function as a claim

I picked (a) for this, but my students insist that you can also read "opportunities" as being ambiguous. Don't feel bad if you picked (c), you're in good company.

Explanation

I picked (a) for this, but my students insist that you can also read "opportunities" as being ambiguous. Don't feel bad if you picked (c), you're in good company.