CLUSTER 1: Introduction to Law - Legal argumentation and reasoning

5 important questions on CLUSTER 1: Introduction to Law - Legal argumentation and reasoning

What are the 3 legal domains and what do they entail?

Private law: relationships between people
public law: relationship between state, institutions and persons.
criminal law: penalties for behavior.

What are the 2 main differences between those domains?

They have different actors (public prosecutor in criminal law represents the state) and different roles of the same actors in different legal domains (f.e. Active or passive role of judge)

What is the objective of argumentation?

The judge must provide argumentation of the verdict to ensure legal equality and legal certainty.
  • Higher grades + faster learning
  • Never study anything twice
  • 100% sure, 100% understanding
Discover Study Smart

What is legal equality?

Euqal cacses should be treated equal, unequal cases should be treated uneuqal to the extent that they are equal.

What is legal reasoning? Explain using legaal norm, facts and legal effect.

When there is legal reasoning it has to be justified and based on a law. Major is the legal norm: if A happens then B is the consequence Minor are the facts, A is the case. The legal effect is the conclusion: A is the case so based on the legal norm B will happen.

The question on the page originate from the summary of the following study material:

  • A unique study and practice tool
  • Never study anything twice again
  • Get the grades you hope for
  • 100% sure, 100% understanding
Remember faster, study better. Scientifically proven.
Trustpilot Logo