Tag: Lawnotes

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]

Construing a will

AIR 1951 SC 103 : (1950) SCR 949

What is Love Jihad

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.

What is doing things consciously

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 […]

What is Perception

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 […]

What is propositional knowledge

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 […]

What is knowledge

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, […]

What is Profession

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, […]

Who is a Lawyer

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 […]

What is Precedent and Stare decisis

Precedent is the principle in law of using the past in order to assist in current interpretation and decision-making. Precedent can be of two types. Binding or mandatory precedent is a precedent under the doctrine of stare decisis that a court must consider when deciding a case. Advisory precedent are cases which a court may use but is not required to use to decide its cases.