Legal Reasoning And Practical Reasoning Flashcards
(11 cards)
What is legal reasoning?
It is the method used to analyse legally issues, interpret laws, and apply them to specific situations
Legal reasoning is a structured way of thinking that relies on ___
Legal principles, case laws, and statutory interpretation
What is the thought process that ensures legal arguments and judgement are consistent, logical and rooted in the law?
Legal reasoning
What are the features of legal reasoning?
Rules based thinking, reliance on precedent (from past cases) , use of logic, and objectivity
Logic can be used to deduce some conclusions from ___
Past cases
What does objectivity imply?
Being able to have an objective view of the situation without bias
Practical reasoning involves making decisions based on ___
The realities of a case considering social, cultural and human factors
Is practical reasoning flexible and adaptable?
Yes
What are the features of practical reasoning?
Focus on real life context, problem solving oriented, flexibility, and balancing multiple interests
___ protects the rule of law and what the law should be
Legal reasoning
___ protects the interest of justice (people)
Practical reasoning