What are the components of Legal Reasoning?

  Briefly discuss each.

Legal Reasoning is a process of argument used by people who are involve in legal
practice in applying legal rules on certain issues. It is important to know its
components to assert the arguments on the case. The components are:

FACTS - These
are the factual
elements of the
case, addressing the
issues of Who,
What, When, Where
and How

CONCLUSION
– This restates the ISSUE – This
Issue and provides involves the
the final answer legal questions
based on the Rules raised by the
and the Analysis. LEGAL case.
REASONING

ANALYSIS – RULES -These

This is the pertain to the Legal
Principles that are
discussion on how
applicable to the
Legal Principles Issue or Issues.
relate to the Facts
of the case.

2. How is an issue different from a topic?

An Issue is a problem created by a topic and sometimes debatable, while a Topic is
a subject focusing on a certain theme.
3. What is stare decisis?
It is a common law concept derived from the Latin maxim “Stare decisis et non
quieta movere”, which means to stand by decided matters. It promotes judicial
stability and consistency. For example, if an Issue had been raised with the
Supreme Court and the Court had issued a Ruling, the said Ruling becomes a legal
principle that Lower Courts must follow as precedent in similar cases. In effect, the
Lower Court must observe stare decisis.