A trial lawyer needs first to create a factual theory of the case before moving on to consider an empirical analysis of it. What type of reasoning does the trial lawyer use at the fact analysis stage?

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Abductive reasoning is used at the fact analysis stage by a trial lawyer. This type of reasoning involves starting with an incomplete set of observations and proceeding to the likeliest possible explanation for the group of observations, which is crucial in developing a factual theory of the case.

A Trial Lawyer Needs First to Create a Factual Theory