2) legal reasoning Flashcards
Deductive reasoning
Reasoning largely based on the use of a major premise a minor premise and conclusion
Legal reasoning
A method of critical thinking and persuading with analytical thinking at its core but enhanced by factors appropriate to the legal environment
Certiorari
A common law writ issued by a Superior Court to one of inferior Jurisdiction demanding the record of a particular case.
Rights duties system
The variety of philosophical theories holding that rights and duties flow from fundamental human precepts
Jurisprudence
The study of the philosophy of law
Analogical reasoning
Reasoning that occurs by comparing a current situation with past Situations having similar characteristics
Dialectical reasoning
And analytical process requiring consistent examination and dialogue often with oneself