Legal Reasoning
9 important questions on Legal Reasoning
What is the legal syllogism?
Which function does classification fulfil in legal reasoning?
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?
What is in the common law the ratio decidendi of a case?
What is the 'source thesis'?
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?
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