“Arguendo” means “for the sake of discussion” in Latin and is used in law to explore legal situations without admitting anything. Lawyers may assume a claim is true to explore its ramifications, but it does not affect the case. This concept is also used in general discussions.
The Latin term “arguendo” literally translates as “for the sake of discussion”. In a legal context, it refers to a statement made for the purpose of illustration or to explore a legal situation, without specifically admitting anything or making definitive claims. This term often appears in the pleadings filed with the appeals, although it can also be used in the courtroom. Judges may also ask lawyers involved in a case to “assume by argument,” responding to claims as if they were true for the purpose of exploring the ramifications of a situation.
One of the most common applications of this concept in law occurs when a lawyer responding to a claim made by the other side decides to assume, for the sake of argument, that the claim is true. The lawyer indicates that an argument is being made by arguing, not by admitting that the statement is true, but by theorizing as if it were. The attorney can respond to the claim with a line of thought explaining how the specifics of the situation prevent the case from being prosecuted, if the claim as such is true.
For example, a lawyer might say “assuming my client killed Mr. Jones, the death occurred in the course of a burglary while Mr. Jones was armed and my client was clearly acting in self-defense.” In this case, the attorney suggests that even if the claim is true, the charges against the client cannot be pursued as expected.
Preceding a statement with an arguing note acts as a flag to alert everyone present that the attorney is not admitting anything with the statement and that the statement has no bearing on the rest of the case. This allows attorneys to explore hypothetical situations and explanations in court as they present their cases, without endangering their clients or confusing the court. Flagging written statements with this word works in much the same way and allows attorneys to articulate thoughts and ideas as they prepare appeals and other documents for review by a judge.
The concept of making assumptions for the purpose of discussion or discussion has also spread to the general population. It is common to see people making an argumentative statement during a debate or discussion, usually prefacing it with “let’s assume for the sake of argument that…” to make sure the other parties in the discussion understand that a point is not being conceded, but rather being pursued for the purpose of having a more in-depth discussion.
Protect your devices with Threat Protection by NordVPN
