A Primer On Legal Reasoning

Author : Michael Evan Gold
Publisher : ILR Press
Page : 361 pages
File Size : 49,9 Mb
Release : 2018-11-15
Category : Law
ISBN : 9781501728600

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A Primer on Legal Reasoning by Michael Evan Gold Pdf

After years of teaching law courses to undergraduate, graduate, and law students, Michael Evan Gold has come to believe that the traditional way of teaching – analysis, explanation, and example – is superior to the Socratic Method for students at the outset of their studies. In courses taught Socratically, even the most gifted students can struggle, and many others are lost in a fog for months. Gold offers a meta approach to teaching legal reasoning, bringing the process of argumentation to the fore. Using examples both from the law and from daily life, Gold's book will help undergraduates and first-year law students to understand legal discourse. The book analyzes and illustrates the principles of legal reasoning, such as logical deduction, analogies and distinctions, and application of law to fact, and even solves the mystery of how to spot an issue. In Gold's experience, students who understand the principles of analytical thinking are able to understand arguments, to evaluate and reply to them, and ultimately to construct sound arguments of their own.

Author : Frederick Schauer
Publisher : Harvard University Press
Page : 256 pages
File Size : 41,9 Mb
Release : 2012-04-02
Category : Law
ISBN : 9780674062481

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Thinking Like a Lawyer by Frederick Schauer Pdf

This primer on legal reasoning is aimed at law students and upper-level undergraduates. But it is also an original exposition of basic legal concepts that scholars and lawyers will find stimulating. It covers such topics as rules, precedent, authority, analogical reasoning, the common law, statutory interpretation, legal realism, judicial opinions, legal facts, and burden of proof.

Author : William Powers
Publisher : University of Texas Press
Page : 239 pages
File Size : 44,6 Mb
Release : 2023-02-14
Category : Law
ISBN : 9781477326435

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Sharpening the Legal Mind by William Powers Pdf

The way lawyers think about the law can seem deeply mysterious. They see nuance and meaning in statutes and implications in judicial opinions that are opaque to the rest of us. Accessible and thought provoking, Sharpening the Legal Mind explains how lawyers analyze the cases and controversies that come before the courts. Written by William Powers Jr., the former president of the University of Texas at Austin, this book is an authoritative introduction to the academic study of law and legal reasoning, including insights into the philosophy of law and the intellectual history of legal thought. Powers discusses the methods lawyers use to interpret the law, the relation between law and morals, and the role of courts in shaping the law. In eight chapters, he follows the historical debate on these issues and others through different generations and movements in American legal thought—formalism, realism, positivism—to critical legal studies and postmodern theory. The perfect read for anyone looking for a primer on legal reasoning, Sharpening the Legal Mind demystifies the debates and approaches to thinking like a lawyer that profoundly influence the rule of law in our lives.

Author : Steven J. Burton
Publisher : Aspen Publishing
Page : 270 pages
File Size : 52,6 Mb
Release : 2007-01-10
Category : Law
ISBN : 9781454822639

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An Introduction to Law and Legal Reasoning by Steven J. Burton Pdf

Now in its Third Edition, An Introduction to Law and Legal Reasoning continues to be the ideal go-to for the first year law student. It is a short, practical book that introduces beginning law students and others to contemporary law and legal reasoning. By presenting these topics through various discussions of cases and examples, it provides students with a solid source to reference for years to come. A dependable, practical source, that: Covers analogical and deductive reasoning, as well as the roles of legal conventions, purposes, and policies in legal reasoning Discusses cases of varying difficulty to diversify the learning process Presents law and legal reasoning primarily through discussions of cases and examples that avoid the abstraction characteristic of most competing books Emphasizes the law as used in practice by lawyers and judges Provides an explicit and systematic introduction to law and legal reasoning Offers a source suitable for use as supplementary reading in any first year course, in legal research and writing courses, in paralegal courses, and in other settings This great new edition has been carefully updated to include: A new chapter, "Hardest Cases," that highlights cases notorious in the press Updates throughout that guarantee the most current legal information

Author : Stephen M. Rice
Publisher : Aspen Publishing
Page : 429 pages
File Size : 40,6 Mb
Release : 2017-05-03
Category : Law
ISBN : 9781601566102

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Force of Logic by Stephen M. Rice Pdf

Have you ever read a legal opinion and come across an odd term like the fallacy of denying the antecedent, the fallacy of the undistributed middle, or the fallacy of the illicit process and wondered how you missed that in law school? You’re not alone: every day, lawyers make arguments that fatally trespass the rules of formal logic—without realizing it—because traditional legal education often overlooks imparting the practical wisdom of ancient philosophy as it teaches students how to “think like a lawyer.” In his book, The Force of Logic: Using Formal Logic as a Tool in the Craft of Legal Argument, lawyer and law professor Stephen M. Rice guides you to develop your powers of legal reasoning in a new way, through effective tips and tactics that will forever change the way you argue your cases. Rice contends that formal logic provides tools that help lawyers distinguish good arguments from bad ones and, moreover, that they are simple to learn and use. When you know how to recognize logical fallacies, you will not only strengthen your own arguments, but you will also be able to punch holes in your opponent’s—and that can make the difference between winning and losing. In this book, Rice builds on the theoretical foundation of formal logic by demonstrating logical fallacies through the use of anecdotes, examples, graphical illustrations, and exercises for you to try that are derived from common case documents. It is a hands-on primer that presents a practical approach for understanding and mastering the place of formal logic in the art of legal reasoning. Whether you are a lawyer, a judge, a scholar, or a student, The Force of Logic will inspire you to love legal argument, and appreciate its beauty and complexity in a brand new way.

Author : Stephen M. Rice
Publisher : Aspen Publishing
Page : 290 pages
File Size : 43,8 Mb
Release : 2017-05-03
Category : Law
ISBN : 9781601566096

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The Force of Logic by Stephen M. Rice Pdf

Have you ever read a legal opinion and come across an odd term like the fallacy of denying the antecedent, the fallacy of the undistributed middle, or the fallacy of the illicit process and wondered how you missed that in law school? You’re not alone: every day, lawyers make arguments that fatally trespass the rules of formal logic—without realizing it—because traditional legal education often overlooks imparting the practical wisdom of ancient philosophy as it teaches students how to “think like a lawyer.” In his book, The Force of Logic: Using Formal Logic as a Tool in the Craft of Legal Argument, lawyer and law professor Stephen M. Rice guides you to develop your powers of legal reasoning in a new way, through effective tips and tactics that will forever change the way you argue your cases. Rice contends that formal logic provides tools that help lawyers distinguish good arguments from bad ones and, moreover, that they are simple to learn and use. When you know how to recognize logical fallacies, you will not only strengthen your own arguments, but you will also be able to punch holes in your opponent’s—and that can make the difference between winning and losing. In this book, Rice builds on the theoretical foundation of formal logic by demonstrating logical fallacies through the use of anecdotes, examples, graphical illustrations, and exercises for you to try that are derived from common case documents. It is a hands-on primer that presents a practical approach for understanding and mastering the place of formal logic in the art of legal reasoning. Whether you are a lawyer, a judge, a scholar, or a student, The Force of Logic will inspire you to love legal argument, and appreciate its beauty and complexity in a brand new way.

Author : Kenneth J. Vandevelde
Publisher : Routledge
Page : 350 pages
File Size : 47,8 Mb
Release : 2018-04-19
Category : Political Science
ISBN : 9780429973888

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Thinking Like a Lawyer by Kenneth J. Vandevelde Pdf

Law students, law professors, and lawyers frequently refer to the process of "thinking like a lawyer," but attempts to analyze in any systematic way what is meant by that phrase are rare. In his classic book, Kenneth J. Vandevelde defines this elusive phrase and identifies the techniques involved in thinking like a lawyer. Unlike most legal writings, which are plagued by difficult, virtually incomprehensible language, this book is accessible and clearly written and will help students, professionals, and general readers gain important insight into this well-developed and valuable way of thinking. Updated for a new generation of lawyers, the second edition features a new chapter on contemporary perspectives on legal reasoning. A useful new appendix serves as a survival guide for current and prospective law students and describes how to apply the techniques in the book to excel in law school.

Author : Daniel L. Barnett,Jane Kent Gionfriddo
Publisher : Aspen Publishing
Page : 404 pages
File Size : 54,9 Mb
Release : 2016-02-29
Category : Law
ISBN : 9781454874744

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Legal Reasoning and Objective Writing by Daniel L. Barnett,Jane Kent Gionfriddo Pdf

Legal Reasoning and Objective Writing: A Comprehensive Approach is a textbook for the objective writing segment of a first-year legal writing class, written by two professors who have collaborated for many years, and who between them have over 50 years of experience teaching legal analysis and writing. The book, which is written in a conversational manner to engage students and put them at ease so that they grasp difficult concepts easily, uses a variety of short examples throughout the chapters as well as sample documents in the appendices with comprehensive annotations keyed to relevant portions of the book. Each chapter and accompanying optional closed-memo problem provide students with a sophisticated yet concrete step-by-step method to learn the analytical, organizational, and presentational skills necessary to convey legal analysis effectively. The accompanying optional introductory problem and related assignment materials use a flipped-class approach to guide students through the memo project independently, allowing teachers to adapt the problem to fit a variety of teaching sequences.

Author : William Twining,David Miers
Publisher : Unknown
Page : 488 pages
File Size : 51,9 Mb
Release : 1999-03-30
Category : Law
ISBN : 0521605938

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How to Do Things with Rules by William Twining,David Miers Pdf

This text looks at the basic intellectual skills that law students need.

Author : Robin Paul Malloy
Publisher : Cambridge University Press
Page : 284 pages
File Size : 42,9 Mb
Release : 2004-04-22
Category : Business & Economics
ISBN : 052101655X

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Law in a Market Context by Robin Paul Malloy Pdf

In Law in a Market Context Robin Paul Malloy examines the way in which people, as social beings, experience the intersection of law, markets, and culture. Through case examples, illustrative fact patterns, and problems based on hypothetical situations he demonstrates the implications and the ambiguities of law in a market society. In his analysis he provides a complete and accessible introduction to a vast array of economic terms, concepts, and ideas--making this book a valuable primer for anyone interested in understanding the use of market concepts in legal reasoning.

Author : Steven D. Stark
Publisher : Crown
Page : 322 pages
File Size : 42,8 Mb
Release : 2012-04-24
Category : Law
ISBN : 9780307888747

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Writing to Win by Steven D. Stark Pdf

From a master teacher and writer, a fully revised and updated edition of the results-oriented approach to legal writing that is clear, that persuades—and that WINS. More than almost any profession, the law has a deserved reputation for opaque, jargon-clogged writing. Yet forceful writing is one of the most potent weapons of legal advocacy. In this new edition of Writing to Win, Steven D. Stark, a former lecturer on law at Harvard Law School, who has inspired thousands of aspiring and practicing lawyers, applies the universal principles of powerful, vigorous prose to the job of making a legal case—and winning it. Writing to Win focuses on the writing of lawyers, not judges, and includes dozens of examples of effective (and ineffective) real-life legal writing—as well as compelling models drawn from advertising, journalism, and fiction. It deals with the challenges lawyers face in writing, from organization to strengthening and editing prose; offers incisive ways of improving arguments; addresses litigation and technical writing in all its forms; and covers the writing attorneys must perform in their daily practice, from email memos to briefs and contracts. Each chapter opens with a succinct set of rules for easy reference. With new sections on client communication and drafting affidavits, as well as updated material throughout, Writing to Win is the most practical and efficacious legal-writing manual available.

Author : Aulis Aarnio (éd.),Neil MacCormick
Publisher : Unknown
Page : 501 pages
File Size : 40,5 Mb
Release : 1992
Category : Electronic
ISBN : 1855211394

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Legal Reasoning by Aulis Aarnio (éd.),Neil MacCormick Pdf

Author : Edward H. Levi
Publisher : Unknown
Page : 104 pages
File Size : 47,9 Mb
Release : 1993
Category : Law
ISBN : OCLC:899092725

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An Introduction to Legal Reasoning by Edward H. Levi Pdf

Author : John Delaney
Publisher : John Delaney Publications
Page : 152 pages
File Size : 46,5 Mb
Release : 1987
Category : Law
ISBN : 9780960851447

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Learning Legal Reasoning by John Delaney Pdf

Publisher description: This widely used book in many printings begins with answers to forty commonly asked questions of first-year law students. It specifies a six-step approach to briefing a case with specific guidelines for accomplishing each step. The process of briefing cases is then demonstrated with excellent and poor briefs of increasing complexity. Emphasis is placed initially on the techniques of briefing as an introduction to the learning of legal reasoning, the first priority of the first year of law school. In addition, the book also demonstrates the relevance of more advanced modes of legal reasoning, including positivist, pragmatic, policy oriented, natural-law and other perspectives applied in decoding and understanding cases. In its introduction of jurisprudential perspectives, Learning Legal Reasoning transcends the typical technical/positivist orientation of most first-year materials.

Author : John Delaney
Publisher : John Delaney Publications
Page : 467 pages
File Size : 55,8 Mb
Release : 2004
Category : Criminal law
ISBN : 9780960851461

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Learning Criminal Law as Advocacy Argument by John Delaney Pdf

More than most other books about the criminal law, this presentation focuses on "Learning Criminal Law as Advocacy Argument." In each criminal-law topic, it presents in building-block form the limited repertoire of core issues and related arguments so that you can concentrate on learning and practicing those that your professor has stressed in class, in her materials, and on her old exams. You can know the issues on the exam before you go into the exam room.In each criminal-law topic there is a limited repertoire of core issues that must be identified and then resolved with advocacy argument. This pattern of issues and arguments arises from embedded and recurring factual patterns and the resulting criminal law performance of prosecutors, defense lawyers, and trial and appellate judges over decades and even centuries. Your professor presents only some of the core issues and related arguments from these repertoires in her course and on her criminal-law exam. Thus, you can systematically learn the set of core issues and arguments in each topic presented by your and know the issues before you go into the exam room. The exam then presents no surprises.What do you mean by resolving the core issues "with advocacy argument?"Identifying the core issues from your professor?s course is the first critical task. The second critical task is resolving these issues with advocacy argument. Advocacy argument is the lawyer?s single-minded marshalling of the relevant facts and doctrine that are necessary to resolve the identified issues in favor of either the prosecution or defense. This book helps you with both tasks: identifying the exam issues and resolving them.