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In the IRAC method of legal analysis, the "issue" is simply a legal question that must be answered. An issue arises when the facts of a case present a legal ambiguity that must be resolved in a case, and legal researchers (whether paralegals, law students, lawyers, or judges) typically resolve the issue by consulting legal precedent (existing statutes, past cases, court rules, etc.).
Le grand docteur sophiste, 1886 illustration of Gargantua by Albert Robida, expressing mockery of his casuist education. Casuistry (/ ˈ k æ zj u ɪ s t r i / KAZ-ew-iss-tree) is a process of reasoning that seeks to resolve moral problems by extracting or extending abstract rules from a particular case, and reapplying those rules to new instances. [1]
The idea of a law of ultimate justice over and above the momentary law of the state—a higher law—was first introduced into post-Roman Europe by the Catholic canon law jurists. [3] " Higher law" can be interpreted in this context as the divine or natural law or basic legal values, established in the international law —the choice depending ...
The adequate and independent state ground doctrine states that when a litigant petitions the U.S. Supreme Court to review the judgment of a state court which rests upon both federal and non-federal (state) law, the U.S. Supreme Court does not have jurisdiction over the case if the state ground is (1) “adequate” to support the judgment, and ...
For example, the civil rights movement was a product of postconventional reasoning, as followers were most concerned with the society-wide effects of inequality. Though an individual may rely more heavily on one of the aforementioned schemas, moral reasoning is typically informed, to varying degrees, by each of the schemas. [5] [6]
Circular reasoning (Latin: circulus in probando, "circle in proving"; [1] also known as circular logic) is a logical fallacy in which the reasoner begins with what they are trying to end with. [2] Circular reasoning is not a formal logical fallacy, but a pragmatic defect in an argument whereby the premises are just as much in need of proof or ...
Legal psychology is a field focused on the application of psychological principles within the legal system and its interactions with individuals. Professionals in this area are involved in understanding, assessing, evaluating potential jurors, investigating crimes and crime scenes, conducting forensic investigations The term "legal psychology" distinguishes this practical branch of psychology ...
Clinical psychology is an integration of human science, behavioral science, theory, and clinical knowledge for the purpose of understanding, preventing, and relieving psychologically-based distress or dysfunction and to promote subjective well-being and personal development.