Clat 2020 Legal Reasoning
At one time law was considered to be a science; this belief was associated with the concept of “natural law.” And just as law was considered a science, legal reasoning was considered to be a species of deductive logic. However, it is now recognized that the purpose of legal reasoning is not to prove to others the truth of a statement of fact, but is rather to persuade others about how the law ought to be interpreted and applied. Although legal reasoning is logical in form, in substance it is evaluative.
There are two types of hard cases: cases where a rule of law is ambiguous, and cases where the validity of a rule is in question.
There are two
types of hard cases:
(i) cases where a rule of law is
ambiguous-Questions of ambiguity arise when the minor premise of a
proposition of law is challenged.
(ii) cases where the validity of a rule
is in question-questions of validity arise when the major premise of a
proposition of law is challenged.
Hard cases are cases where two or more valid legal
arguments lead to contradictory conclusions.
Test Papers | Ques. | Time | Action |
Clat Legal Reasoning Test 1 | 38 | 30 | FREE TEST |
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