Legal Reasoning and Principles

A method of thought and argument used by lawyers and judges when applying legal rules to specific factual situations. It decides whether a rule applies to a set of facts and includes statutory interpretation, reasoning by analogy, and arguments about legal policy.

Applying general legal principles to specific facts, moving from general to specific, often using a syllogistic structure.

Drawing general principles from specific instances, often to formulate legal rules based on a pattern of court decisions; moves from specific to general.

Comparing the facts of a current case to previous cases, arguing that the rule from the previous case should apply if the cases are similar, based on identified similarities and differences.

Considering the wider social, economic, and ethical effects of a decision; balancing different interests and values to achieve the best outcome for society.

The process by which courts interpret and apply laws; the aim is to determine what the legislature intended when they created the law.

A principle where courts first examine the clear, common sense definition of the words within the statute

The body of judicial decisions that interpret and apply the law, providing stability and predictability.

The doctrine that courts should follow precedent, ensuring similar cases are decided similarly, and promoting consistency and fairness.

Arguing that the facts of the current case are different enough from a previous case so that the precedent should not apply.