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Five types of legal analysis

Ben Chapman
February 16, 2016

Five types of legal analysis

Presentation to LAW 851 class

Ben Chapman

February 16, 2016
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  1. 5 Types of Legal Argument Created with Haiku Deck, presentation

    software that's simple, beautiful and fun. By Ben Chapman Photo by dullhunk page 1 of 7
  2. 5 Types of Legal Argument Created with Haiku Deck, presentation

    software that's simple, beautiful and fun. By Ben Chapman Photo by nkpl page 2 of 7
  3. 5 Types of Legal Argument Created with Haiku Deck, presentation

    software that's simple, beautiful and fun. By Ben Chapman Photo by turahbird page 3 of 7
  4. 5 Types of Legal Argument Created with Haiku Deck, presentation

    software that's simple, beautiful and fun. By Ben Chapman Photo by Onasill ~ Bill Badzo page 4 of 7
  5. 5 Types of Legal Argument Especially important in the law

    of real property, commercial transactions, and also in some notions of tort liability. Created with Haiku Deck, presentation software that's simple, beautiful and fun. By Ben Chapman Photo by vgm8383 page 5 of 7
  6. 5 Types of Legal Argument Created with Haiku Deck, presentation

    software that's simple, beautiful and fun. By Ben Chapman Photo by dpict.info page 6 of 7
  7. 5 Types of Legal Argument Policy arguments are fundamentally different

    from other types of legal arguments. They are "consequentialist" in nature. (Huhn at 51) Rules vs standards Langdell - Law = science Grant Gilmore (Art. 9, UCC) - Law = policy "Legislative facts" - segregation harms children; see these seven books of social science research. Determined by the court. The "Brandeis brief" as the method used to convince the court to take notice of these legislative facts. Bork: the Supreme Court has, in dozens of cases, "without authority in the Constitution ... forced Americans to adopt the Court's view of morality rather than their own." (See Huhn at 69). Balancing of competing values Created with Haiku Deck, presentation software that's simple, beautiful and fun. By Ben Chapman Photo by Daniela Hartmann (alles-schlumpf) page 7 of 7