Sound Legal Reasoning

Sound Legal Reasoning Sound Legal Reasoning: • Recognize a sound well supported legal argument • Sound legal reasoning harmonizes four important considerations in legal decision making ○ What the judges decide, building blocks present in every case. The Four Elements of Legal Reasoning: 1. Case Facts ○ Established in the trial and preserved in the record of the evidence produced at trial § Facts about the dispute between the parties in the case as developed during a trial. ○ Case facts can be proven by reference to the physical world § Has to be proof - the quality of proof, reliability of proof □ Is the image accurate? Is a document authentic? Is a witness identification reliable? 2. Social Background Facts ○ The facts, events, and other conditions that we observe In the world, apart from the case at hand § Proven by reference to the outside world ○ Conclusions about the world independent of the specific case facts that the parties are disputing § Can include anything about how the world works □ Often times is so obvious there is no argument ○ When the social background facts in a case are not so clear, judges and juries will rely on hunches about them 3. Rules of Law ○ When the social background facts in a case are not so clear, judges and juries will rely on hunches about them 3. Rules of Law ○ Official legal texts created by the state ○ Rule of law relevant to a case § Statutes § Constitutions § Precedents - previously decided cases 4. Widely Shared Values ○ Judges must take account of social values to be convincing § Not own values, or values they think are most worthy § Judges must try to persuade communities that they have considered the widely shared values that ordinary members of the community can see embedded in the dispute. ○ Supreme Courts highest function may be to help society resolve the conflict between the good and the good § Legal rules don't tell judges which good to choose ○ Even when values and principles are shared there is still disagreements a to which are relevant to a given dispute or which take precedence. § No single opinion will persuade everyone § Values and principles cannot be proven or objectively ranked ○ How do you make a compelling and sound legal argument? § Aim for internal coherence, and clear explication § Don't ask the judge, jury, parties or public to trust you - show them how the position you advocate for accounts for the relevant facts, law and policy ○ Think like a lawyer § Like a roadmap - XYZ - avoid pitfalls □ Weather, road construction - social background facts you advocate for accounts for the relevant facts, law and policy ○ Think like a lawyer § Like a roadmap - XYZ - avoid pitfalls □ Weather, road construction - social background facts □ Speed limits - law □ Mileage, carbon emissions, scenery widely held values and principles □ Type of vehicle and cost of tolls facts § When you harmonize all considerations this is where you ought to end up ○ Effective and sound legal reasoning guides the audience to the desired outcomes, to appear logical, unavoidable, legitimate, and defensible. ○ inspires confidence in the legal system because it provides explanation and justification. Sound Legal Reasoning Harmonizes… 1. Case Facts 2. Social Background Facts 3. Rules of Law 4. Widely Held or Shared Values and Principles And… - Substitutes reasoned argument for moral righteousness - Persuades audiences, thereby enhances the integrity of the law ○ Provides explanation and justification - Is political but not necessarily partisan ○ Adverse outcomes, are not arbitrary or personal