Deductive legal analysis applies established characteristic propositions to new cases

Evidence

For the second stage, which is deductive and analytical, that proposition is converted to: “In all cases where the conduct and relationship possess each of the characteristics A, B, C, D, etc., a duty of care arises.” The conduct and relationship involved in the case for decision is then analysed to ascertain whether they possess each of these characteristics. If they do the conclusion follows that a duty of care does arise in the case for decision. — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 680

Categorization

• corroborated: 2 independent passages support this claim — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 680
• XREF: connects to: Inductive generalization derives universal legal rules from repeated particular case outcomes — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 546; Analogical reasoning infers additional properties from shared case similarities — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 570; Legal precepts evolve slowly as working hypotheses continually retested in courts — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 644 (+24 more)

Library Connections

• Common law rules arise from comparing cases, not from tracing prior logic #complicates (0.50) — Burton, Steven J, An Introduction to Law and Legal…, 222

Broader Connections

• Deductive legal reasoning requires identifying the controlling major premise. #expands (0.75) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 751
• Inductive legal conclusions serve as major premises in deductive legal arguments. #expands (0.55) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 340
• Common law adjudication cycles induction and deduction into new rules #expands (0.50) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 168
• Legal classifications and rules evolve through ongoing application to cases #expands (0.50) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 243
• Sound legal arguments require both valid reasoning and true premises #expands (0.45) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 250
• A sound deductive argument is valid and contains true premises #expands (0.45) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 267