What is legal reasoning in a court case?
Legal Reasoning. Legal reasoning is a method of thought and argument used by lawyers and judges when applying legal rules to specific interactions among legal persons. Legal reasoning in the case of a court’s ruling is found in the ‘Discussion or Analysis’ section of the judicial ruling.
What is the task of an attorney when engaging in deductive reasoning?
As a result, the task of an attorney when engaging in deductive or syllogistic reasoning is three-fold. First, lawyers must identify a major premise. What lawyers often refer to simply as the rule. This rule is derived from one or many sources of legal authority.
What do lawyers often refer to as the rule?
What lawyers often refer to simply as the rule. This rule is derived from one or many sources of legal authority. For example, a statute, a regulation, a case, or all three could be used to define the rule. Second, lawyers articulate or identify a specific set of facts.
What are the three methods of legal reasoning/logic?
Three methods of legal reasoning/logic are: The above shall be expatiated below: Inductive Reasoning/Logic: Inductive reasoning is the one used by a lawyer if he supports his claim with judicial provisions. In this instance, the lawyer first states the court holdings in different cases, he then applies it to the case at hand.
What reasoning do lawyers use?
Inductive reasoning is reasoning from the specific to the general. Lawyers use inductive reasoning to synthesize rules. In other words, lawyers take the holdings from several cases and by synthesizing those specific cases, they come up with a general rule.
What is the reasoning in a court case?
Reasoning is the way in which the court applied the rules/ legal principles to the particular facts in the case to reach its decision. This includes syllogistic application of rules as well as policy arguments the court used to justify its holding (why the decision was socially desirable).
How do you find the legal reasoning in a case?
Legal reasoning in the case of a court's ruling is found in the 'Discussion or Analysis' section of the judicial ruling.
What are the 4 steps in legal reasoning?
1) Issue - What specifically is being debated? 2) Rule - What legal rule governs this issue? 3) Facts - What are the facts relevant to this Rule? 4) Analysis - Apply the rule to the facts.
What is reasoning and legal reasoning?
It is the process which involves the reasoning from particular cases to whole group of cases, from specific instances of the concerning law. It can also be called the historical or empirical or a posteriori method. It can be also said that it is a practical ideology to legal work, study and research problems.
What are the methods of legal reasoning?
There are four basic components in legal reasoning which applies to legal process— logic, Justice, experience and policy.
What is logical reasoning law?
Law is sometimes described as a system of practical reasoning that involves the application of a logical set of steps based on applying the law to a factual scenario to reach a decision.
What is inductive reasoning in law?
Inductive reasoning involves drawing a general conclusion from specific examples. When inductive reasoning takes place, the process is generally the reverse of deductive reasoning. It involves finding out the name of the wider category A of things that correctly describes all of the observable objects in that category.
What are the types of reasoning?
7 types of reasoningDeductive reasoning. Deductive reasoning is a type of reasoning that uses formal logic and observations to prove a theory or hypothesis. ... Inductive reasoning. ... Analogical reasoning. ... Abductive reasoning. ... Cause-and-effect reasoning. ... Critical thinking. ... Decompositional reasoning.
What is the form of reasoning used by a lawyer?
It is a form of moving from the specific to the general. Syllogism/Deductive Reasoning: This form of reasoning is used by a lawyer in most cases in which he uses statutes as authority. It is a form of logic in which the lawyer starts from a major premise, advances to a minor premise and then draws a conclusion.
What is legal reasoning?
Legal reasoning simply concerns itself with learning how to think like a lawyer. In order to fully understand legal reasoning, the language of the law would first be highlighted, there would be definition of some key terms and finally, the different methods of legal reasoning would be discussed.
What are the three methods of legal reasoning?
Three methods of legal reasoning/logic are: Inductive reasoning. Syllogism/ deductive reasoning. Analogical reasoning. The above shall be expatiated below:
What is inductive reasoning?
Inductive Reasoning/Logic: Inductive reasoning is the one used by a lawyer if he supports his claim with judicial provisions. In this instance, the lawyer first states the court holdings in different cases, he then applies it to the case at hand. It is a form of moving from the specific to the general.
Why is it important to study legal reasoning?
The main purpose of studying legal method is to equip the law student with the right tools to enable him to think like a lawyer. This is what would be addressed by discussing legal reasoning. To understand it better, it would be best if the meaning of legal reasoning is expatiated upon. The word “reasoning” has been defined by The Concise Oxford ...
What does "legal" mean in the Black's Law Dictionary?
The Black’s Law Dictionary 9th ed further defines “legal” as: “Of or relating to law; falling within the province of law”. From the above definitions, one can deduce a definition of legal reasoning as the art of thinking persuasively in a coordinated, orderly, sensible and logical manner in relation to law.
What is an example of a legal principle?
An example of a legal principle is the principle of natural justice. If a lower court’s decision is made in violation of this principle, it is likely to be struck out on appeal.
What is the purpose of asking whether a fact helps to prove or disprove a rule?
For every relevant fact, you need to ask whether the fact helps to prove or disprove the rule. If a rule requires that a certain circumstances is present in order for the rule to apply, then the absence of that circumstances helps you reach the conclusion that the rule does not apply.
Why is the law fuzzy?
The law is inherently fuzzy in order to be flexible. Although judges attempt to interpret laws that are clear, there is almost always a set of circumstances where applying the rule would be unjust. Consequently, some latitude exists in the law in order to reach a just result.
What is the biggest mistake people make in an exam?
The biggest mistake people make in an exam is to spot the issue and just recite the rule without doing the analysis. The examiners want to test whether you can apply the law to a given set of circumstances. The analysis is the most important element of IRAC since this is where the real thinking happens.
How to avoid being emotionally tied to a position?
In order to avoid being emotionally tied to a position, you should always try to argue both sides of an issue. Luckily, the same ambiguity of the law that seems crazy in Step 1 allows you the flexibility to be on either side of a question in Step 3. Adopting this attitude will better prepare you for the exam. You want to be able to take on either a defendant’s or plaintiff’s position for any given legal issue because you don’t know whether the facts on the exam will lean towards one side or the other.
What is the immediate goal of a test?
Your immediate goal on the exam is not to figure out what kind of stance you take. Your immediate goal is to do well on the exam. This means that need to be able to argue the side that seems to be correct given the facts. This may, in fact, be a party that you wouldn’t normally side with.
What is the rule of law?
Simply put, the rule is the law. The rule could be common law that was developed by the courts or a law that was passed by the legislature. For every case you read, extract the rule of law by breaking it down into its component parts.
What is law school?
A law school education is not about learning a set of rules. It is designed to teach you how to “think like a lawyer.” Lawyers can always look the law up in a book, but designing an argument and analyzing a legal problem, is a matter of reshaping the way a person thinks. Four key strategies will aid you in thinking like a lawyer.
What is the task of an attorney when engaging in deductive or syllogistic reasoning?
As a result, the task of an attorney when engaging in deductive or syllogistic reasoning is three-fold. First, lawyers must identify a major premise. What lawyers often refer to simply as the rule. This rule is derived from one or many sources of legal authority.
What is deductive reasoning?
It is the deductive approach that is used by attorneys to apply new facts to well-established rules. Deductive reasoning is accomplished using what is known as a syllogism. Every syllogism has three parts, a major premise, a minor premise, and a conclusion.
Why is deductive syllogistic reasoning important?
For now, recognize the power of deductive syllogistic reasoning. It allows lawyers to argue in a clear, concise, and most of all, logically driven way that applies the law equally to all people. And that is why it's the foundation of legal reasoning.
What is the power of deduction and syllogistic reasoning?
For lawyers, the power of deduction and syllogistic reasoning is in the certainty, or apparent certainty, it provides. As a result, the task of an attorney, when engaging in deductive or syllogistic reasoning, is threefold. First, lawyers must (03:08) identify a major premise.
What is the conclusion of a minor premise?
And finally, the conclusion is a statement that the minor premise meets the requirements of the major premise. So to recap, the major premise is the general rule. The minor premise is specific facts. And the conclusion is a statement that the specific facts meet the rule.
What is the difference between the major premise and the minor premise?
The (01:30) minor premise, by contrast, is a set of specific facts or situations.
Precedent and Analogy
Elements of Legal Reasoning
- Legal reasoning reveals why and how the court, lawyer or judge came to their decision or argument on the case. There are core elements that must appear and be addressed in the reasoning: 1. The question or the legal issue before the court 2. The relevant facts of the case 3. The legal rule 4. Other considerations that may be brought before the cour...
Deductive Reasoning
- This is a means of drawing out ruling from another judicial opinion, or existing constitution, legislative provision and applying it in another case. The rule statement is mostly broad rather than narrow when using deductive reasoning. This approach is mechanical and is therefore effective only in ideal situations and often unsatisfactory. The approach faces many challenges among them being: 1. Semantic difficulty – due to the various meanings t…
Analogical Reasoning
- This involves the identification of the similarities and differences of the facts in the precedential and the case to be determined. After the identification, then deciding whether the case to be determined is similar or different from the precedent in the important aspects with regards to the matter being decided. Following the findings, the case precedent may then be followed or distinguished. It is important to note that there are peculiar situations w…
What Is Legal Reasoning
The Language of The Law
- “Language” in this context doesn’t mean a whole new lingua franca. Rather, in considering the language of the law, I would be highlighting of some of the general characteristics of legal language. The following are the general features of legal language: 1. Law is Expressed in General Terms: What this means is that when laws or legal provisions are worded, they are done in a way that would ensure that so much is covered by saying so little. Bec…
Some Key Terms to Be Understood
- In order to better understand legal reasoning, there are some key terms that are to be understood. They are: 1. Principles 2. Rules 3. Legal Rhetoric They shall be subsequently explained below: 1. Principles: A legal principle has been defined by Farrar and Dugdale as: “An established legal truth or proposition that is so clear that it cannot be reproved or contradicted except by a proposition which is clearer”. Thus, legal principles act as the standard b…
Methods of Legal Reasoning/Logic
- The methods of legal reasoning are the rules of logic normally applied by lawyers in order to substantiate their arguments. Three methods of legal reasoning/logic are: 1. Inductive reasoning 2. Syllogism/ deductive reasoning 3. Analogical reasoning The above shall be expatiated below: 1. Inductive Reasoning/Logic: Inductive reasoning is the one use...
Sources
- O Sanni: Introduction to Nigerian Legal Method
- The Concise Oxford English Dictionary 5thEdition
- Black’s Law Dictionary 9thEdition
- Criminal Code Act
Four Steps to Think Like A Lawyer
The Irac Formula
- IRAC (Issue, Rule, Analysis, and conclusion) forms the fundamental building blocks of legal analysis. It is the process by which all lawyers think about any legal problem. The beauty of IRAC is that it allows you to reduce the complexities of the law to a simple equation. ISSUE What facts and circumstances brought these parties to court? RULE What is the governing law for the issue? ANALYSIS Does the rule apply to these unique facts? CONCLUSIO…
Rule – What Is The Law?
- The issue is covered by a Rule of law. Simply put, the rule is the law. The rule could be common law that was developed by the courts or a law that was passed by the legislature. For every case you read, extract the rule of law by breaking it down into its component parts. In other words, ask the question: what elements of the rule must be proven in order for the rule to hold true? Questions to ask when reading a case: What are the elements that pr…
Analysis – The Art of Lawyering
- Compare the facts to the rule to form the Analysis. This important area is really relatively simple. For every relevant fact, you need to ask whether the fact helps to prove or disprove the rule. If a rule requires that a certain circumstances is present in order for the rule to apply, then the absence of that circumstances helps you reach the conc...
Example 2– Civil Procedure
- Rule: The principle of res judicata states that once a final judgement on merit has been made on a particular case, the plaintiff is barred from bringing that same case against the same defendant in the same or different court. Facts: 1. Meenakshi sues Rahul Sunkaria in a city civil district court over money that she says he owns her. 2. She wins her case. 3. Rahul Sunkaria appeals the decision in the appellate court, which overturns the lower court’s de…
Example 3 – Criminal Law
- Rule: The common law requirements for a burglary are that there be: 1) a breaking 2) and entry 3) of a dwelling 4) of another 5) at night 6) with the intent of committing a crime therein. Facts: Just as the sun is setting one night, Srinath sees that the door to Venkat’s house is ajar. He knows that Venkat has a home office in which there is expensive computer equipment. He pushes the unlocked door open, walks into the house and steals Venkat’s co…
Example 4 – Torts
- Rule: The three elements of battery are: 1) a harmful touching of another person 2) the defendant caused the touching to occur directly or indirectly and 3) the touching was intentional. Facts: Prakash and Deepak are neighbors who hate one another. One day Deepak is nailing some boards together on the common sidewall that he shares with Prakash. In a classic slapstick comedy move, Deepak picked up a board just as Prakash is passin…
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