Legal Reasoning

Question 0

Problems with Deductive Reasoning

Answer 0

Does not mean a valid conclusion, the truth of the premises is a separate matter.
Formal fallacy - an error in logical structure leading to an invalid conclusion.

Question 1

Structure of Deductive Reasoning

Answer 1

Major premise, minor premise then conclusion.

Modus ponens - if X then Y

Question 2

Inductive Reasoning

Answer 2

Invites a generalisation from a particular proposition (past case) which can be extended to the current case.

Question 3

Problems with Inductive Reasoning

Answer 3

Less certain than deductive reasoning, works to a degree of probability. There is no automatic truth to the propositions.

Question 4

Analogical Reasoning

Answer 4

Researching relevant law and arguing that the current case is analogous (relevantly similar) or disanalogous (in some crucial respect it differs).

Question 5

Problems with Analogical Reasoning

Answer 5

There is often no precise science to identifying an unquestionable argument for or against the application of your argument, persuasion is necessary.