Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 1

1. What are the components of Legal Reasoning?

  Briefly discuss each.


A. Issue (What is being argued?)

- An issue is any matter of controversy or uncertainty; an issue is a point in dispute, in


doubt, in question, or simply up for discussion or consideration. In law, it specifically
pertains to a legal matter. The whole argument is basically directed by the issue at hand;
that the relevance of the premises depends on the very issue the argument is
addressing.
B. Rule (What legal rules govern the issue?)

- To argue a legal case one must be able to cite a rule and apply it to set of facts. The
existing rule governing the issue should be specifically cited. The rule can also take the
form of cases or principles that courts have already decided. The reasoning here usually
consists of arguing that the case under discussion is similar to that prior case or
principle.
C. Facts (What are the facts that are relevant to the rule cited?)

- Facts are event, occurrence or state of affairs known to have happened; to be


distinguished from opinion or law. Facts can however be found proven in legal
proceedings where they may or may not have actually happened. Facts may also be
inferred from other facts; it includes those facts (material facts) that are relevant to the
issue that fit the element of the rule.
D. Analysis (How applicable are facts to the said rule?)

- This is the part where our argumentation and illustration come out. It supposed to show
the link between the rules and the facts we presented to establish what we are claiming
in our argument. The concern here is whether the material facts truly fit the law.
E. Conclusion (What is the implication of applying the rule to the given facts)

- The conclusion is the ultimate end of a legal argument. It is what the facts, the rules and
the analysis of the case amount to.

2. How is an issue different from a topic?


In an issue there is a problem that needs solving; If someone asks 'what's the issue?’, it
means 'what's the problem?' It is something produced or a point of discussion.
While a topic can be anything. It does not have to relate to a problem or situation. It is
the subject of something.

3. What is stare decisis?


Stare decisis is a judicial interpretation of a statute and is of greater weight than that of
an executive or administrative officer in the construction of other statutes of similar import; it
ensures that cases with similar scenarios and facts are approached in the same way. Simply put,
it binds courts to follow legal precedents set by previous decisions.

You might also like