Introduction to Legal methods

Январь 27, 2022 – 12:55

Legal methods

These methods are basically the methods used to distinguish between legal reasoning (applying the law) and the methods of construing (interpreting) the law. The former is legal jurisprudence, which dominates civil law legal systems, the analogy that exists in common law legal systems, particularly in the US, and the argumentative doctrine that occurs in both systems. The latter rules (directives) are of a different kind of legal interpretation such as directives of teleological interpretation, linguistic interpretation, or systemic interpretation along with the more specific rules, for instance, mischief rule or golden rule. In addition, there are many other cannons and arguments of interpretation that in combined make statutory interpretation possible. To understand the h1b h2b of the migración houston texas, you can visit abogado adan vega houston tx.

Edward H. Levy, professor of law and former Attorney General of the United States, stated that "the basic pattern of legal reasoning is reasoning by example"—that is, reasoning by comparing results in cases solving similar legal questions. Justice Sotomayor cautioned in a U.S supreme court case related to the procedural efforts taken by a company that collects debt in order to prevent any type of error, that the “legal reasoning can not be considered as mechanical or strictly linear process”.

Jurimetrics can be defined as the formal use of quantitative methods, especially probability and statistics, to legal questions. The use of statistical methods in court cases and law review articles has become increasingly important over the past few decades.

Legal Institution

The main institution of law present in the industrialized countries are fully independent courts and does not depend on any other court, an accountable executive, the legal profession and civil society itself, representative parliaments, the military and police, and bureaucratic organization. John Locke, in his Baron de Montesquieu in The Spirit of the Laws and Two Treatises of Government, advocated for the distribution of powers between the legislature, political, and executive bodies. Their main principle was to make sure that no person cannot own all the powers of the state, in contrast to the absolutist theory of Thomas Hobbes' Leviathan. Sun Yat-sen's Five Power Constitution for the Republic of China further separated the powers by having two additional branches of government - a control yuan for auditing oversight and an examination yuan to manage the employment of public officials.

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