Terms Related to Legal Skills Flashcards
Analysis
The process of examining the individual parts of a decision to either: 1) render one’s own decision or interpretation based on the law and facts presented, or 2) critically review another’s decision or interpretation based on then existing law and facts.
Interpretation
Interpretation is the method of construing the language of either a statute, contract, or other written document to elicit its true, intended meaning.
Reasoning
Reasoning is the act of thinking logically.
Analogy
An analogy is an inference that if two situations or principles are alike in some respects, then they must be alike in other respects as well.
Syllogism
The word “syllogism” comes from the discipline of logic. Syllogism means the full logical form of a single argument and it consists of two premises and a conclusion for a total of three propositions. Each of the two premises contain a unique term which are related together in the conclusion.
Legal Research
The process of using resources to find the law as it has been delineated by courts, legislatures, and other governmental agencies, for the purpose of learning the law or answering a legal problem.