What would lawyers do if they couldn’t argue? Indeed, argument is a critical part of many court proceedings, and done properly, serves to bring competing legal theories or factual disputes into sharp relief.
Perhaps the most persuasive form of argument is the one known as reductio ad absurdum. Such an argument disproves an opponent’s position by demonstrating that it leads to an absurd or impossible consequence. For example, a person claiming an inheritance as the putative father and alleged sole remaining relative of a deceased child might have trouble overcoming the argument that his own birth records show that he would have been seven years old at the time of the child’s birth – a virtual impossibility.
Per stirpes, a term often seen in wills and trusts, means literally “by the roots”. A bequest to a class of beneficiaries per stirpes means that each member of the group takes an equal share, with the share of any deceased member passing by representation to his or her issue. A gift to “my issue, per stirpes”, where one of three children is already deceased, passes one-third to each living child and the remaining third to the deceased child’s children. If there are two grandchildren, they would each receive one-sixth of the original bequest.
Perhaps the most persuasive form of argument is the one known as reductio ad absurdum. Such an argument disproves an opponent’s position by demonstrating that it leads to an absurd or impossible consequence. For example, a person claiming an inheritance as the putative father and alleged sole remaining relative of a deceased child might have trouble overcoming the argument that his own birth records show that he would have been seven years old at the time of the child’s birth – a virtual impossibility.
Per stirpes, a term often seen in wills and trusts, means literally “by the roots”. A bequest to a class of beneficiaries per stirpes means that each member of the group takes an equal share, with the share of any deceased member passing by representation to his or her issue. A gift to “my issue, per stirpes”, where one of three children is already deceased, passes one-third to each living child and the remaining third to the deceased child’s children. If there are two grandchildren, they would each receive one-sixth of the original bequest.
– BBC&B