Legal Reasoning Flashcards
What is a classification of the facts?
It is the translation of a concrete case description into a more abstract case description that matches a specific legal rule
How to justify a rule?
The use of a rule is justified by pointing to the rule in an official source of law
Official sources of law are?
- Statutes
- Treaties
- Precedents/ case law
What is legal positivism?
All law is positive law -> Law that was created by being laid down
What is a grammatical interpretation?
Interpretation matches the literal meaning of the
words in the rule.
What is a legislative intent interpretation?
Judge gives the rule an interpretation that suits
the original intention of the legislator.
What is purposive interpretation?
Judge tries to determine the purpose of the rule.
When is a rule applicable?
A rule is applicable to a case if the facts (after
classification) satisfy the conditions of a rule.
Ruling by analogy means to?
If a rule is strictly speaking, not applicable to the case, But the new case has many similarities to older
cases to which the rule was applicable.
Distinguishing between cases applies?
Focus on difference between cases
What happens with broadening rules?
Court treats cases as similar, while this
wasn’t obvious
What are the principles to deal with rule conflicts?
- Lex superior -> Hierarchy among lawmakers
- Lex specialis -> More specific rule overrides more general rule
- Lex posterior -> Newer rule overrides older rule
