BLW3013Exam1rev - Review for Exam One I have set out below some areas you should at a minimum review for your first exam But remember that

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Review for Exam One I have set out below some areas you should, at a minimum , review for your first exam. But remember that everything I say in class or anything you read is potentially testable. Review both the readings in the text as well as notes to thoroughly prepare for the exam. I don’t have time in class to cover every subject covered in the reading assignments. The fact that I don’t cover something in lecture that is in your reading assignment does not mean I won’t test on that area. There is no substitute for adequate preparation. 1. Know about the different schools of jurisprudence. Examples: Natural Law, Legal Positivism, Legal Realism, etc. Jurisprudence – The science or philosophy of law. o Natural law – The belief that government & the legal system should reflect universal moral and ethical principles that are inherent in human nature. The natural law of school is the oldest and one of the most significant schools of legal thought. o Positivist school – A school of legal thought whose adherents believe that there can be no higher law than a nation’s positive law – the body of conventional, or written, law of a particular society in time. Laws must be obeyed, even if they are unjust, to prevent anarchy. Positive law – The body of conventional, or written, law of a particular society at a particular point time. o Historical school – A school of legal thought that emphasizes the evolutionary process of law and that looks to the past to discover what the principles of contemporary law should be. o Legal realism – based on the idea that law is just one of may institutions in society and that is shaped by social forces & needs. The law is a human enterprise, and judges should take social and economic realities into account when deciding cases. The though is that law can not be applied with total uniformity. Sociological school – A school of legal thought that views the law as a tool for promoting justice in society. 2. What are the different types of legal reasoning? Legal reasoning – The process of reasoning by which a judge harmonizes his or her decision with the judicial decisions of previous cases. Stare decisis – A common law doctrine under which judges are obliged to follow the precedents established in prior decisions. Basic steps in legal reasoning (IRAC method of legal reasoning) o Issue o Rules – What rules of law apply to the case? o Application – How do rules of law apply to the particular facts and circumstances of this case? o Conclusion – What conclusion should be drawn? Different types or legal reasoning: o Deductive reasoning – sometime called the syllogistic reasoning because it employs a syllogism – A form of deductive reasoning consisting of a major premise, a minor premise & a conclusion. o
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This note was uploaded on 05/02/2008 for the course BLW 3013 taught by Professor Sutton during the Spring '08 term at The University of Texas at San Antonio- San Antonio.

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BLW3013Exam1rev - Review for Exam One I have set out below some areas you should at a minimum review for your first exam But remember that

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