LITIGATION ARGUMENTS

How Lawyers Reason, and Formulate Legal Argument, Within the Field Of Litigation

How Lawyers Reason, and Formulate Legal Argument, Within the Field Of Litigation

Introduction

In jurisprudence the discussion regarding legal reasoning and legal method hold immense importance and has been a significant challenge mainly for legal philosophers. The comparatively stumpy significance in legal reasoning methodologies may possibly be elucidated by the fact that this has been a less challenging portion of legal conjecture. In Jurisprudence lawyers have their distinct approaches from developing legal reasoning of different cases to the resolution of the legal issues. The rule of law is based on the value of legal and logical reasoning. It rests on the quality of the methodological approach by lawyer in formulating the legal arguments. The rule of law advocates that identical cases must be decided and approached with similar means, each case must be decided after a thorough evaluation of its merits and that the processes involving decision making must comply with regulations pertinent to the evidence and procedures. Crafting the reasoning behind the decision making approaches transparent and exposed to scrutiny relocates the decisions from being subjective preference to being objective rationale. Thus an essential means of achieving the rule of law is evaluating and articulating the different components of legal reasoning. It is also concerned with the interpretation concerned with understanding constitutions, regulations, statutes, harmonizing primary policies and principles. It is important in adopting and amending official set of laws and applying those rules to case.

The purpose of this document is to discuss the methodologies involved in legal reasoning. The content of this document is designed to explore and analyze how lawyers reason, and formulate legal argument, within the field of litigation. The document further explores how a lawyer on a daily basis practice approaches a legal question and how that lawyer evaluates and formulates legal arguments. Because of the fact that different legal systems have different approaches concerning the appropriate way of settling on a legal point, the perspective will be primarily based on the general orientation

Discussion

Basically the generalized approach of most of the lawyers in developing the legal arguments is based on a typical method involving the following components: legal dogmatism and legal theories, analysis of logics, hermeneutics and argumentation. The doctrine of stare decisis plays a significantly important part in the matter of methodological approach taken by the lawyer in resolving the case.

How Lawyers Reason

There are number of approaches that lawyers can take while putting up with reasoning mechanism. These mechanisms include, evidence based reasoning, policy base reasoning, rules based reasoning and analogical reasoning. In first approach every lawyer will analyze the case to develop profound understanding of the scenarios associated with the case. Based on the scenarios the lawyer will then comprehend that which route of reasoning must be approached. In most of the cases the argument is based on the mixture of all the four methodological approaches. The scenarios will usually project a situation in which the lawyer is bound to take the route ...