CLA EXAM - Judgment & Analysis 2022

judgment - ANSWER-process used to reach a decision or conclusion analytical ability - ANSWER-the process of sorting facts and related information into categories, separating that which is relevant from that which is not; to analyze is to break the whole into parts and to determine the relationship of the parts (1) to each other and (2) to the whole, using logical reasoning techniques and the rules that govern the specific situation under analysis. ASSUME NOTHING! effects of ethics rules - ANSWER-ethical considerations, including both the spirit of ethics and the rules themselves interwoven into judgment and analytical ability. It is impossible to discuss either without taking ethics into account. comprehension of data - ANSWER-all analysis begins with the review of instructions, applicable rules, basic facts, and other preliminary data comprehension - ANSWER-understanding; both by literal and reasonable inference deductive reasoning - ANSWER-analytical process that uses a major premise and a minor premise to deduce a logical conclusion, aslo known as a syllogism syllogism - ANSWER-a deductive scheme of a formal argument consisting of a major and a minor premise and a conclusion; deductive reasoning analogical reasoning - ANSWER-analytical method that uses similarities and differences to categorize; principal method used in stare decisis (which requires cases with like facts to be decided alike and cases with different facts to be decided differently) factual gaps - ANSWER-when certain facts are missing or are unknown factual conflicts - ANSWER-when the facts obtained from a single source are inconsistent with each other (internal conflict) or inconsistent with the facts obtained from other sources (external conflict) segregation of relevant data - ANSWER-when large amounts of information are received, it must be determined what is relevant and what is irrelevant by using applicable statutes or rules and/or legal theries supplied by the attorney summarize relevant data - ANSWER-depending on the purpose of the summary, data can be summarized using bullet point or narrative; good hint is to focus on subjects and verbs from an original witness statement in bullet format establish priorities - ANSWER-recognizing the difference between tho