Legal Reasoning Flashcards Preview

Legal Argumentation > Legal Reasoning > Flashcards

Flashcards in Legal Reasoning Deck (11):
1

Carter and Burke's definition of legal reasoning

contains case facts, social background facts, rules of law, and shared values

2

Case facts

facts about the dispute between the parties in the case as developed during a trial

3

Social background facts

conclusions about the world that are independent of the specific case facts that the parties are disputing

4

Rules of law

come from statutes and constitutions as well as precedents from previously decided cases

5

Shared values

widely accepted values that ordinary members of the community can see embedded in the dispute

6

Draw the matrix

Legal/Moral/Religious/Social x Legislation/Analysis/Application

7

Sources of legal rules

Statutes, common law, constitutional law, and administrative regulations

8

Statutes

laws; created by legislators

9

Common law

derived from custom and judicial precedents

10

Constitutional law

official legal texts that place the legal limits on the ways those govern can use their power

11

Administrative regulations

regulations created by branches other than the legislative branch