In a legal context, to ne “argumentative” refers to behaviour, statements, or documents that are characterised by contentious or combative language, with the intention of persuading or influencing a decision-maker, such as a judge, jury, or arbitrator. While presenting arguments is a fundamental aspect of legal advocacy, being excessively argumentative can detract from the effectiveness of one’s case, as it may be perceived as confrontational, disrespectful, or unprofessional. Effective legal arguments are typically supported by evidence, legal authority, and reasoned analysis, rather than by aggressive or antagonistic language. Maintaining a professional and respectful demeanour during legal proceedings is important for maintaining credibility, fostering cooperation, and promoting the fair and efficient resolution of disputes.
Argumentative (adjective): 1. Inclined to argue or engage in disputes; tending to express differing opinions or viewpoints in a confrontational manner. 2. Characterized by a tendency to provoke or engage in verbal disagreements or debates.
adj. the characterisation of a question asked by the opposing attorney which does not really seek information but challenges the truthfulness or credibility of the witness. Since such a question is not allowable, often it is the basis of an objection before the question is answered, much like irrelevant, immaterial or hearsay. The definition of argumentative is somewhat vague, and different judges hear it differently. A simple example would be “Do you believe you should pay your mistress’ rent before catching up with delinquent child support?” or “Do you think that bloody glove just walked over there?
Argumentative refers to a style of writing or speaking that presents a position on a controversial topic and supports it with evidence and reasoning. In legal contexts, argumentative writing is often used in court briefs and oral arguments to persuade judges and juries to adopt a particular interpretation of the law or to rule in favor of a particular party. Argumentative writing must be based on sound legal principles and must adhere to the rules of evidence and procedure. It is an important tool for lawyers and advocates seeking to advance their clients’ interests in legal disputes.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 29th March, 2024.
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