Legal Reasoning

Question 1

Carter and Burke’s definition of legal reasoning

Answer 1

contains case facts, social background facts, rules of law, and shared values

Question 2

Case facts

Answer 2

facts about the dispute between the parties in the case as developed during a trial

Question 3

Social background facts

Answer 3

conclusions about the world that are independent of the specific case facts that the parties are disputing

Question 4

Rules of law

Answer 4

come from statutes and constitutions as well as precedents from previously decided cases

Question 5

Shared values

Answer 5

widely accepted values that ordinary members of the community can see embedded in the dispute

Question 6

Draw the matrix

Answer 6

Legal/Moral/Religious/Social x Legislation/Analysis/Application

Question 7

Sources of legal rules

Answer 7

Statutes, common law, constitutional law, and administrative regulations

Question 8

Statutes

Answer 8

laws; created by legislators

Question 9

Common law

Answer 9

derived from custom and judicial precedents

Question 10

Constitutional law

Answer 10

official legal texts that place the legal limits on the ways those govern can use their power

Question 11

Administrative regulations

Answer 11

regulations created by branches other than the legislative branch