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Legal Reasoning Summary

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Very well structured summary.Definitions of the main concepts. Explanation of the core elements of this Chapter. Technical concepts explored in a detailed way.A great source for preparation for the Introduction to Law exam!Good readings!

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  • Chapter 2
  • October 15, 2018
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  • 2018/2019
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By: saraburzacconi • 4 year ago

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CHAPTER II: LEGAL REASONING




I. THE LEGAL SYLLOGISM

 Simplified form of representing a legal reasoning by means of a logic syllogism

which can be represented as it follows:

o Premise 1: IF condition THEN legal consequence

o Premise 2: Description of the facts that satisfy the conditions of a rule

o premise 3: Description of the legal consequence



II. CLASSIFICATION

 The translation that needs to be done from the concrete case description (

premise 1 ) to the abstract conditions given by the legal rules is called

CLASSIFICATION



III. SOURCES OF LAW

 FUNCTIONS:

o Indicates which kind of form law can take (e.g. customary law, law

based on legislation, etc.)

o Legitimates a rule as a legal rule and therefore can be used to

support claims; if a rule doesn’t come from a source of law that rule is

not a legal rule

 OFFICIAL LEGAL SOURCES:

o Legislation

 Creates general legal rules

 Exists on different levels

 Constitutions, civil codes, etc.

o Case Law

 Official source of law for common law tradition countries

 Ratio decidendi- Core part of a court decision which needs to

be taken in account when a new trial occurs; It can support

and should support legal decisions

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