Deductive judicial reasoning classifies facts, finds the rule, and applies it

Evidence

According to the deductive model of judicial decision making, depicted in Figure 8.1, you, acting as a justice, would first analyze the facts of the case to determine the legal category into which the case might best fit. … Next, you would identify the legal rule or standard that governed that category of cases. … By applying the rule to the facts of the case, you would then determine whether, according to the rule, the Texas law is constitutional, or whether Johnson’s expressive conduct was protected by the Constitution. Finally, on the basis of this analysis, you would arrive at your decision. — G. Alan Tarr, Judicial Process and Judicial…, 1253

Categorization

• DEFINE: Defines the deductive model of judicial decision making as the category-rule-application sequence.
• XREF: connects to: Deductive reasoning cannot explain novel cases, competing rules, or legal change — G. Alan Tarr, Judicial Process and Judicial…, 1256; Legal Realists proposed analogy-based reasoning as an alternative to deduction — G. Alan Tarr, Judicial Process and Judicial…, 1259; Judicial decisions are governed by beliefs about facts and rules — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 160 (+10 more)

Broader Connections

• Deductive legal analysis applies established characteristic propositions to new cases #corroborates (0.95) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 680
• Judges create and reshape legal rules by reasoning analogically across cases, not by deduction #contradicts (0.90) — G. Alan Tarr, Judicial Process and Judicial…, 2542
• Deductive legal reasoning requires identifying the controlling major premise. #expands (0.90) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 751
• Judicial decisions are governed by beliefs about facts and rules #expands (0.85) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 160
• Judicial reasoning hinges on judging which analogies are decisive #contradicts (0.85) — G. Alan Tarr, Judicial Process and Judicial…, 2525
• Judicial generalization and analogical reasoning constitute the process of induction #expands (0.80) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 676
• Legal reasoning requires mastery of deductive and inductive logic principles. #expands (0.80) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 71
• Hidden value judgments, not logic, drive key judicial decisions #contradicts (0.80) — G. Alan Tarr, Judicial Process and Judicial…, 2550
• Legal reasoning employs both deductive and inductive processes iteratively. #qualifies (0.75) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 312
• Inductive legal conclusions serve as major premises in deductive legal arguments. #qualifies (0.75) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 340