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]

What is Dictator

In the system of Roman Republic, a dictator was a person temporarily granted significant power over the state during times of war. The office was held for only 6 months. The ideal model was Cincinnatus, who according to legend, was plowing when called to dictatorship, saved Rome from invasion, and who afterwards returned to his labour, renouncing every honour and power. Other famous dictatores were Lucius Sulla and Julius Caesar.

What is civil law

Civil law has at least three meanings. It may connote an entire legal system, or either of two different bodies of law within a legal system: a legal system the set of rules governing relations between […]

What is Executive

Executive (government) Under the doctrine of the separation of powers, the executive is the branch of a government charged with implementing, or executing, the law. The de facto most senior figure in an executive is referred to as the head of government. […]

What is a court

A court is an official, public forum which a public power establishes by lawful authority to adjudicate disputes, and to dispense civil, labour, administrative and criminal justice under the law. Types Of Courts Some courts may function with a jury that make decisions […]

What is common law legal system

The common law originally developed under the auspices of the adversarial system in historical England from judicial decisions that were based in tradition, custom, and precedent. The form of reasoning used in common law is known as casuistry or case-based reasoning. Common law may be unwritten or written in statutes or codes. The common law, as applied in civil cases (as distinct from criminal cases), was devised as a means of compensating someone for wrongful acts known as torts, including both intentional torts and torts caused by negligence and as developing the body of law recognizing and regulating contracts.

What is a warrant

Warrant (law) In law, a warrant can mean any authorization. Often in statute the warrant of a particular person is required before certain administrative actions can take place. For example, before the United States Secretary of State may affix […]

What is Writ

Writ In law, a writ is a formal written order issued by a government entity in the name of the sovereign power. In most cases, this government entity is a court. Two kinds of writs are warrants and prerogative writs, but there are many […]

What is social justice

Social justice (Civil Justice) Social justice, sometimes called civil justice, is a concept largely based on various social contract theories. Most variations on the concept hold that as governments are instituted among populations for the […]

What is Rhetoric

Rhetoric Rhetoric (from Greek ρητωρ, rhêtôr, “orator”) is one of the three original liberal arts or trivium (the other members are dialectic and grammar). While it has meant many different things during its 2500-year history, it is generally described today as the art […]

What is logic

Logic In ordinary language, logic is the reasoning used to reach a conclusion from a set of assumptions. More formally, logic is concerned with inference—the process whereby new assertions are produced from already established ones. As […]