Legal Reasoning

9 important questions on Legal Reasoning

What is the legal syllogism?

An argument with 2 premises (starting points) and a single conclusion. The first premise contains the formulation of a legal rule in the format: IF condition THEN legal consequence. The second premise is the description of the facts of a case that satisfy the conditions of the rule. The conclusion describes the legal consequence that results from the application of the rule to the facts of the case.

Which function does classification fulfil in legal reasoning?

Classification of facts is translation from the concrete case discription to the abstract case description that matches the rule condition.

In which mentioned contexts are the canons of interpretation used?

  • Determination of the rule formation
  • the classification of the facts
  • the determination of the consequences of juridical acts
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Which official sources of validity are recognised in the common law tradition?

Precedents, legislation, treaties

What is in the common law the ratio decidendi of a case?

Judges are not bound by every element of an earlier decision, but only by its ratio decidendi. This consists only of the decisive grounds that led the court take the decision.

What is the 'source thesis'?

It claims that all law is positive meaning that every rule that can be traced to an official legal source is a legal rule.

Mention and explain three canons of interpretation?

  • Literal rule - Grammatical Interpretation
  • Mischief rule - Legislative intent
  • The Golden rule - Purposive/ teleological interpretation

Mention three general principles that govern the conflict of rules

  • Lex superior
  • Lex specialis
  • Lex Posterior

What are broadening and distinguishing of a case?

Broadening of a case is treating cases as similar when their similarity is not obvious while distinguishing similarities and differences of a case the court argues whether the precedent can be applied or not.

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