Legal Reasoning And Practical Reasoning Flashcards

(11 cards)

1
Q

What is legal reasoning?

A

It is the method used to analyse legally issues, interpret laws, and apply them to specific situations

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2
Q

Legal reasoning is a structured way of thinking that relies on ___

A

Legal principles, case laws, and statutory interpretation

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3
Q

What is the thought process that ensures legal arguments and judgement are consistent, logical and rooted in the law?

A

Legal reasoning

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4
Q

What are the features of legal reasoning?

A

Rules based thinking, reliance on precedent (from past cases) , use of logic, and objectivity

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5
Q

Logic can be used to deduce some conclusions from ___

A

Past cases

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6
Q

What does objectivity imply?

A

Being able to have an objective view of the situation without bias

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7
Q

Practical reasoning involves making decisions based on ___

A

The realities of a case considering social, cultural and human factors

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8
Q

Is practical reasoning flexible and adaptable?

A

Yes

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9
Q

What are the features of practical reasoning?

A

Focus on real life context, problem solving oriented, flexibility, and balancing multiple interests

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10
Q

___ protects the rule of law and what the law should be

A

Legal reasoning

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11
Q

___ protects the interest of justice (people)

A

Practical reasoning

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