The federal court system has three main levels: district courts (the trial court), circuit courts which are the first level of appeal, and the Supreme Court of the United States, the final level of appeal in the federal system.

There are many different types of judges. There are circuit court judges, general sessions judges, and juvenile judges, to name a few.

A judge presides over a courtroom, hearing evidence, making decisions on motions, instructing juries and making rulings. The judge is responsible for assuring the law is followed and carried out in every case. Judges also read through court documents and may research legal issues.

I. Legal Reasoning – Generally

1. Issue – What specifically is being debated?
2. Rule – What legal rule governs this issue?
3. Facts – What are the facts relevant to this Rule?
4. Analysis – Apply the rule to the facts.
5. Conclusion – Having applied the rule to the facts, what’s the outcome?

Featured in: Legal reasoning is a method of thought and argument used by lawyers and judges when applying legal rules to specific interactions among legal persons. Legal reasoning in the case of a court’s ruling is found in the ‘Discussion or Analysis’ section of the judicial ruling.

Tip of the Week: Five Methods of Legal Reasoning

• Rule-Based Reasoning: Rule-based reasoning is the most important type of legal reasoning.
• Reasoning by Analogy. Reasoning by analogy concerns finding similarities.
• Distinguishing Cases. Distinguishing cases is the opposite of reasoning by analogy.
• Reasoning by Policy.
• Inductive Reasoning.

Two essential cognitive abilities for legal reasoning models include: case-based reasoning, the use of legal precedents to interpret open-textured or conflicting rules and concepts; and adversarial reasoning, the ability to create persuasive arguments for both sides of an issue.

CLAT Legal Reasoning: Tips and tricks

1. Read the comprehension first and then attempt the question.
2. The view of the author is paramount.
3. Always go with an answer which has clear reference in the passage.
4. Do not miss any Mock Tests or any practice test provided to you.
5. Work consistently on your reading skills.

Judges do make law; they make law all the time and they always have. Consequently, it is the application of precedent by judges, whether they are developing the common law (for example in areas such as negligence or murder) or interpreting statutes is the main mechanism whereby judges make law.

Reasoning is the way in which the court applied the rules/ legal principles to the particular facts in the case to reach its decision. This includes syllogistic application of rules as well as policy arguments the court used to justify its holding (why the decision was socially desirable).

Issue Statement

1. Issue statements (sometimes referred to as Questions Presented) should:
2. Be a single sentence.
3. Be a question that can be answered “yes” or “no”
4. State the names of the parties.
5. Include enough facts to provide necessary context to the reader.

When you include your statement of facts in your case brief, identify the parties and their relationship and identify the material facts of the case. Try writing the statement of facts in chronological order so as to create a mini story of the important pieces of the case.

Steps to briefing a case

1. Select a useful case brief format.
2. Use the right caption when naming the brief.
3. Identify the case facts.
4. Outline the procedural history.
5. State the issues in question.
6. State the holding in your words.
7. Describe the court’s rationale for each holding.
8. Explain the final disposition.

There are many acceptable formats for a case brief. Every brief should include, at a minimum, the facts of the case, the legal issue, the legal principle applied in the case, the holding and reasoning of the majority, and a summary of any concurrences and dissents.

Every standard legal brief has a few basic elements: An Introduction that articulates the party’s claim and introduces the party’s theory of the case and the procedural history of the case. A Table of Authorities (TOA) section that describes all sources of legal authority used in the brief.

literally, anywhere between 15 and 150 hours.

Template of a case brief

1. Name of case. Start by saying the name of the case at the top of your case brief—for example, Smith v.
2. Parties. Identify the parties.
3. Procedure. Identify the procedural posture of the case.
4. Issue. Identify the legal issue that the opinion is addressing.
5. Facts.
6. Rule.
7. Analysis/application.
8. Holding.

A brief is defined as a short written or spoken statement or a statement of the main points of a legal case. An example of brief is a five minute news segment covering a short announcement by the president. An example of brief is a paper that explains why a person is guilty of a crime. noun.

5 tips for creating a brief

1. Know what you want to say. It all starts with your goals.
2. Be specific. If your brief is specific, it is more likely that the outcome is going to be to the point.
3. You are not writing it for yourself.
4. You need to know what your unique selling point is.
5. Ask for feedback.

A policy brief should inform readers of a particular issue, suggest possible policy options, and make recommendations. Be up front about your purpose from the start, maintain a laser focus on your direction, and link every paragraph back to your purpose.

Policy briefs can take different formats. A typical format is a single A4 sheet (210 x 297 mm), containing perhaps 700 words. It has an attractive design, and may have one or more photograph. Longer briefs (up to 8 pages, or 3,000 words) and other formats are also possible.

The basic elements of a policy paper include:

1. Description of the context and importance of the problem. It is helpful to careful define the problem and frame it as a specific question to be answered.
2. Discussion of a range of policy options.
3. Criteria for judging policy choices.
4. The policy recommendation.

Your policy document should include:

• Header: basically your organization’s name and who that particular policy is being created for.
• Dates: the date when the policy was initially made operative.
• Title: should reflect the total content of the policy.

How to Write Policies and Procedures

1. Prioritize a policy list. Keep in mind that you can’t tackle every policy at once.
2. Conduct thorough research. Take a look at your existing procedures to zone in on how things are currently done.
3. Write an initial draft. After defining what you need to cover, you can begin your first draft.
4. Validate the procedures.

An effective policy should include the following 10 sections:

1. Purpose. The purpose explains the goal of the policy.
2. Scope. The scope of the policy reveals to whom the policy pertains.
3. Statement. The statement is the standard or rule the policy needs to communicate.
4. Procedures and Responsibilities.