What is a syllogism? Describe how it can be used in determining how to attack a complaint; give examples.

Question

What will be an ideal response?

Answer 1

A syllogism is a form of reasoning that employs a major premise, a minor premise, and a conclusion. An example of a major premise is, "if A+B+C exist, then Y (conclusion)." The minor premise uses specific facts to prove that the major premise exists, resulting in the same conclusion. For example, "A, B, and C exist, therefore Y (conclusion)." The conclusion, Y, cannot be reached if A, or B, or C, or any consideration of those parts, is missing. Because a complaint states a minor premise, it must show that each of the required elements exists in order for relief (Y) to be granted. Therefore, if it can be shown that one or more of the elements is missing in the complaint, the plaintiff has no claim. Further, the minor premise is based on the belief that the major premise is true. Thus, if it can be shown that the major premise is in fact not true, then even if the elements of the minor premise exist, the complaint does not state a cause of action. In either case, the defendant has grounds to have the complaint dismissed.