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The law has developed a highly elaborate set of definitions of various degrees of personal responsibility, including deliberation, intention, knowledge, recklessness, and negligence, but has been relatively untouched by psychological research on attributional biases and particularly by the research on the dispositional bias (fundamental attribution error) or by social psychological research demonstrating that situations play a far greater role than personal preferences and dispositions in determining people’s behavior (Ross & Nisbett, 1991). Again, European civil law systems differ from common law systems in many respects, such as a more active role for the trial court judge, less emphasis on precedent, and reconsideration of the facts at the appellate level. Then, when scholars write about “legal reasoning,” they are writing about judges. The lawyer does not have to decide the case, but only to make the strongest appeal for one side; lawyers’ reasoning is discussed in courses and writings on advocacy. Jurors interpret the evidence to decide what actually happened and apply the law given to them in the judge’s instructions to reach a verdict. The judge must also seek out the appropriate legal authority, deciding which laws and previous cases are applicable. Jurors are not supposed to reason about the law itself; that is the task of the judge. Judges are trained in the law, they know the statutes and precedents, and they have the experience of judging many cases and reading the decisions of other judges. Jurors do not provide reasons for their verdicts; judges often do. Finally, much of what is written about legal reasoning is about appellate court decisions, in which judges are primarily concerned with legal procedure and the law itself, not about who wins and loses, and in which they almost always must provide legal explanations for their decisions. [Legal Reasoning- Phoebe C. Ellsworth-University of Michigan Law School 2005]
It is well settled that where more than one court has jurisdiction, it is open for the parties to exclude all other courts. For an exhaustive analysis of the case law, see Swastik Gases (P) Ltd. v. Indian Oil Corpn.…
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AIR 1951 SC 103 : (1950) SCR 949
When written statements are required—It is laid down in Order VIII, Rule 1, of the Code of Civil Procedure, that 7(a defendant shall at or before the first hearing or within such time as the Court may permit, present a…
Non-joinder and mis-joinder of parties and causes of action—Attention is drawn to the provisions of law contained in Orders I and II of the Civil Procedure Code relating to non-joinder of parties and mis-joinder of causes of action and parties…
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It is stated that there is a movement or project which is called “Romeo Jihad” or “Love Jihad” conceived by a section of the Muslims. The idea appears to be to convert girls belonging to other religions to Islam. It is stated that Muslim boys are directed to pretend love to girls of other religions and get them converted to Islam. A lot of money is available for executing the project.
Consciousness Consciousness is a quality of the mind generally regarded to comprise qualities such as subjectivity, self-awareness, sentience, sapience, and the ability to perceive the relationship between oneself and one's environment. In common parlance, consciousness denotes being awake and responsive to one's environment; this contrasts with being asleep or being in a coma. Consciousness is notoriously difficult to define…
Perception In psychology and the cognitive sciences, perception is the process of acquiring, interpreting, selecting, and organizing sensory information. Methods of studying perception range from essentially biological or physiological approaches, through psychological approaches to the often abstract 'thought-experiments' of mental philosophy. The senses Human perception depends on the senses. The classical five senses are sight, hearing, smell, taste and touch. Along…
Propositional knowledge Propositional knowledge or declarative knowledge is knowledge that some proposition is either true or false. This distinguishes propositional knowledge from know-how or procedural knowledge, which is the knowledge of how to perform some task. This article discusses propositional knowledge from a variety of perspectives, including philosophy, science, and history.…
Knowledge Knowledge is the awareness and understanding of facts, truths or information gained in the form of experience or learning. Knowledge is an appreciation of the possession of interconnected details which, in isolation, are of lesser value. Knowledge is a term…
Profession A profession is a specialized work function within society, generally performed by a professional. Definitions In a more restrictive sense, profession often refers specifically to fields that require extensive study and mastery of specialized knowledge, such as law, medicine, the military, nursing, the clergy or engineering. In this sense, profession is contrasted with occupation, which refers…
Lawyer A lawyer or attorney at law is a person licensed by the state to advise clients in legal matters and represent them in courts of law (and in other forms of dispute resolution). Most countries today require professional law advisors in their judicial systems. Lawyers have many names in…
