Chapter two Flashcards
Legal reasoning
What is a legal syllogism
Two premises and a conclusion.
P1: IF condition THEN legal consequence
P2: Description of facts satisfy the condition of the rule
C: Legal consequence
What is classification?
Translation needs to be made from the concrete case description to the abstract case description that matches the rule conditions
What is classification based on?
Application of legal rules
What does ratio decidendi consist of?
Decisive grounds that led to a court to take a decision
what is a legal rule?
It is a rule that stems from an official source
What are the three canons of interpretation
The literal rule
Mischief rule
and the golden rule
What is the literal rule?
It is when the words in a rule should be taken literally
What is the mischief rule?
It is when a decision maker makes an interpretation that suits the original intention of the legislator
What is the golden rule?
Looks at the purpose of a rule and may revert to the intention of a legislator who formulated the rule
When is a rule applicable?
If facts of the case satisfy the condition of the rule
What is distinguishing?
Pointing out relevant differences
What is broadening?
extending the rule
What is Lex superior?
Superior rule overrides inferior rule
What is Lex specialis?
Specific rule prevails over general rule
What is Lex posterior?
Newer rule prevails over older one
