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CLA LEGAL ANALYSIS AND JUDGMENT
STUDY FLASH CARDS FOR JUDGMENT SECTION
7
Law
Professional
11/10/2011

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Term
ANALYSIS
Definition
SEPARATING A WHOLE INTO ITS PARTS FOR THE PURPOSE OF EXAMINATION
Term
LEGAL ANALYSIS
Definition
EXAMINATING LEGAL RULES IN RELATION TO SPECIFIC SET OF FACTS TO DETERMINE A PROBABLE CAUSE
Term
ANALOGICAL FORMS OF ANALYTICAL REASONING
Definition
STARE DECISIS PRINCIPLES - LIKE CASES SHOULD BE DECIDED ALIKE - DIFFERENT CASES SHOULD BE DECEISDED DIREFFERNTLY. IF DIFFERENCES ARE IMPORTANT. YOU HAVE TO BE ABLE TO LOOK AT A CASE AND FIGURE OUT THE LEGAL DIFFERENCES.
Term
INDUCTIVE REASONING
Definition
SPECIFIC TO GENERAL REASONING; YOU START WITH SPECIFIC EVENTS/STUDIES/RESEARCH TO FORM A GENERAL RULE;
Term
DEDUCTIVE REASONING - PARAMID APPROACH
Definition
SYLLOGISM. YOU MUST GO FROM GENERAL TO SPECIFIC. START WITH GENERAL RULES/TRUTHS TO REACH SPECIFIC CONCLUSION (CALLED A SYLLOGISM. A=B, AND C=A. THEREFORE, C=B THE REASONING MUST BE LOGICAL.
Term
WHAT ARE THE PRINCIPLES OF STARE DECISES
Definition
LIKE CASES DECIDED ALIKE; DIFFERENT CASES DECIDED DIFFERENTLY IF DIFFERENCE ARE IMPORTANT
Term
JUDGMENT
Definition
IS THE PROCESS USED TO REACH A DECISION OR A CONCLUSION. A PARTICULAR JUDGMENT IS GOOD OR BAD, DEPENDING ON ITS CONSEQUENCES. TO EXERCISE GOOD JUDGMENT ONE UST.
KNOW THE OUTCOME, HAVE AN UNDERSTANDING, USE RESOURCES, UNDERSTAND THE FACTS, EXERCCISE SOUND ANALYTICAL TECHNIQUES, AND BE SENSITIVE TO ETHICAL OBLICATIONS AND TO THE PUBLIC RELATIONS IMPACT OF ANY ACTIONS TAKEN OR OMITTED
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