Legal Method Skills And Reasoning Pdf


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An Introduction to Law and Legal Reasoning

All legal reasoning follows one path. No legal argument can be accepted or rejected without all of the following pieces. The "issue" is the legal issue. It doesn't ask just any interesting question. A classic example of this is a potential legal client who comes in and says that her boss is mean and rude -- he yells and screams and makes work wholly unpleasant.

The client wants to know if she has a claim. I already know that there is no law no rule that generally prohibits a boss from being a jerk. However, experience tells me that the question should be:.

For those of you with quick logical minds, yes, this means there are forms of lawful discrimination. The "Rule" has two important parts. A lawyer, a judge, or whomever has to say what a rule is and where it comes from.

That rule says paraphrasing : "It is unlawful to treat someone in a manner that negatively affects the terms and conditions of employment, if the affected person is in a 'protected class' and is treated differently from a 'similarly situated person' not in her protected class. Each of the logical pieces you can break it into are called the "elements" of the rule. So, you could say the "elements" of discrimination are.

Each of these pieces contain legal terms of art, terms that have their own legal rules. So, you'd actually end up with some nesting here. The law is based on existing rules. Even when a decision is based upon what is "fair" which isn't that often , it's because there's a rule that says that the decision of this type of issue will be based on fairness. And, there are so many rules that no one can know them all. So, an argument has no weight unless it says exactly which rule is being relied upon.

As you've seen already this presents a variety of challenges:. If the lawyer provides the wrong law, she can lose the case or the legal analysis , even if in the cosmos she should have won ie. Like the Web, there are lots of versions of the same or similar things. You'll see this in case law. There can be lots of decisions that say the same thing on a particular issue.

There are often decisions that cite other decisions for support. And, there's more than one publisher, so there's more than one citation to the exact same court decision.

Within certain boundaries, any of these citations might be used. There are lots and lots of facts that make up the client's story. For the purpose of legal analysis, we look for "material" facts. These are the facts that fit the elements of the rule. So, in the example, we need to know: if the boss' behavior "affected" a "term or condition of employment"; if the potential client is in a "protected class"; if there are "similarly situated" employees; and if they've been treated in the same manner or differently.

The facts that turn out to be relevant are:. At this stage, we see if our material facts fit the law. So, in the example, we'll say. We see that all "elements" of the rule are met and conclude that her boss engaged in unlawful discrimination.

Applying all of this to our previously discussed "deadbeat dad" example, we see:. I know this is a rule, because it is a law passed by Congress. It's published at:. When we following the chain of legal reasoning, we find out that I didn't provide enough information.

We really don't know if Joe is a "deadbeat dad" because we missed one of the factual elements. We don't know if the debt is more than one year old. Legal reasoning will provide a significant part of the framework. When we try to determine if a government action was legally permissible, we follow the same steps of legal reasoning. We frame issues such as "Were the officers allowed to conduct a search of the bedroom dresser under these circumstances?

We started with the "deadbeat dad" example above because it represents the simplest form of legal reasoning. We wanted the answer more or less in English, so Lalana wrote a filter:.

Now, when you run it in cwm, you should get some run information and:. The reality in the practice of law is that it is not common to follow every branch of every rule that's potentially relevant. Whoever is doing the analysis picks the breadth of rule with which they're going to work.

That's only an issue if there's another party who challenges the scope. Because law, like the Web, is massive, it seems that incremental building is the only possible methodology. TAMI is focused on data mining. This generally means looking at data from more than one source and means that a lot of the TAMI questions will be "Was X person entitled to get Y data under Z circumstances? I think the big question is what process will TAMI employ? In the long term, I think people hope for a system that looks at a system log of transactions, knows what rules to apply, and applies them.

If the issue is always "Was X person entitled to get Y data under Z circumstances? This would likely have a productive intersection with a series of information sharing environments being planned for the federal governmen, because they must produce access control systems that can attempt to process the same rules proactively.

I think in the short term, we could build a prototype that expected the government to name the Rule s and provide the Facts; our system would perform the Analysis and reach a Conclusion. We'd like for our system to be able to tell if an activity involved drawing bad conclusions from available data. I think that legal reasoning can only assist in that effort to the extent that it can identify the specific facts that are relevant to the government act.

In general, this is one of the things that most distinguishes lawyers from lay people. Lay people tell a story; lawyers harvest a story for the facts relevant to the legal issue. Once we know which facts were legally relevant to the outcome, we probably will need to apply other forms of logic to determine if a the fact was an inference drawn from other facts and b the inference was warranted.

This document was written by K.

An Introduction to Law and Legal Reasoning

Lawyers perform many tasks. This book focuses on the core tasks with law. The core tasks are as follows: Legal Reasoning U Structuring law U Making law U Interpreting law U Using law in litigation and transactions, which involves two major tasks, namely applying law to facts and proving facts. Legal Reasoning Christopher Enright This book:. U examines the concepts of rationality and irrationality U describes the reasoning processes that should underlie the core tasks that lawyers perform. These reasoning processes should ensure that each task is done effectively and efficiently. The main reasoning processes are as follows - conditional statement, deduction, induction, abduction, analogy, probability, policy, analysing ambiguity and ob- servation.

This title is available as an ebook. The most trusted legal method textbook by expert authors, giving students a solid grounding to excel in their degrees. Learning Legal Rules introduces law students to the techniques of legal analysis and argument, equipping them with the knowledge and reasoning skills needed for effective study and practice of law. The text has been used in common law countries around the world as a leading legal method guide for over twenty years. Digital formats and resources Learning Legal Rules is available for students and institutions to purchase in a variety of formats, and is supported by online resources. The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.

Language skills, study skills, argument skills and legal knowledge are vital to every law student, professional lawyer and academic. Learning Legal Skills and Reasoning discusses the main sources of English law and explains how to work with legal Du kanske gillar. Ladda ned. Spara som favorit. Legal Method, Skills and Reasoning suggests a range of 'how-to' techniques for perfecting these academic and practical skills.


Packed full of practical examples and diagrams across the range of legal skills from language and research skills to mooting and negotiation, this new edition.


SOAS University of London

The purpose of this module is to provide students wishing to study law at a post-graduate level in the University of London with an introduction to law, legal method and associated skills and techniques. It is designed primarily for those who do not already possess a law degree, but may also be of interest to those who feel they want to get used to studying law in a UK institution, or acclimatise themselves to life in London. However, those students proposing to enrol on the LLM who do not have a law degree from a common law country should consider registering for the preliminary moduleas this would ease their adaptation to the study of law in a Common law country or of many areas of commercial or international law. The Preliminary module runs over a two-week period immediately before the week of registration.

Many legal scholars and practitioners have feared that to acknowledge that logic is central to law would risk a return to the rationalistic excesses of the formalistic jurisprudences that dominated nineteenth century legal thought. It was, after all, against that formalist tradition that Holmes wrote. And it was in spirited opposition to that tradition that members of the Legal Realist movement in America, as well as the Free Law movement in Europe, directed much of their energies early in the twentieth century.

To browse Academia.

All legal reasoning follows one path. No legal argument can be accepted or rejected without all of the following pieces. The "issue" is the legal issue. It doesn't ask just any interesting question. A classic example of this is a potential legal client who comes in and says that her boss is mean and rude -- he yells and screams and makes work wholly unpleasant.

The latest ninth edition has been fully updated to include recent debates such as the future of the Human Rights Act in the United Kingdom; it also continues to provide dedicated coverage on complex areas such as effective statutory interpretation, the operation of precedent, and European legal method. Learning Legal Rules 9th edition PDF is accompanied by an Online Resource Centre, complete with a test bank of multiple choice questions for use by lecturers, and self-test questions for law students which can be bought separately. A very well-written, accessible yet detailed introduction to legal method.

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