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Judicial and Prosecutorial Reasoning

2021 Course Information:

Online 20 hours Flexi-date£2,500.00
In-House Agreed with client FlexiblePOA
Dubai 10 days 16-Aug£5,250.00
London 10 days 15-Nov£5,250.00


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    LCT 2021 Brochure Download
    LCT 2021 Brochure Download

    Who should attend?

      • Members of the judiciary of all grades
      • Prosecutors
      • Trainee judges and prosecutors
      • Court clerks
      • Legal and administrative personnel of tribunals
      • Counsels of States
      • Legislative drafters
      • Members of Parliament participating in legislative drafting committees



      • Enhance the ability to engage ‘critically’ and logically in judicial reasoning
      • Develop the skills to articulate sound legal arguments
      • Strengthen the understanding of the moral, social and political aspects of legal reasoning
      • Understand the relationship between statutes and cases
      • Appreciate the role of Judges and Human Rights
      • In-depth understanding of the role of rights in administrative, civil and criminal justice processes
      • Understand the substantive role and constitutional position of judges
      • Master judicial approaches to statutory interpretation and the influence of international instruments on those approaches
      • Gain an in-depth appreciation of the fundamental elements of the rule of law, and the significance of fairness and justice in social and legal systems
      • Identify rapidly key issues in cases and be able to summarise key points succinctly, accurately and with high impact
      • Strengthen legal research skills using primary and secondary sources
      • Kolb’s Adult Learning Styles Model
      • Respond coherently to challenging questions about the law by the use of legal referencing


    Week 1: Judicial reasoning

      • Explore ‘What’ the ‘Law’ should mean to you
      • Legal, moral and justicial facets explained
      • Why the nature of law evolves, its significance to society, and how big data drivers will drive future law-making
      • Legislative interpretation
      • Applied legislation for interpretation – Persons of legislative interpretations (PLIs)
      • Techniques for developing and evidencinga reasoned argument
      • Rebuttable v. non-rebuttable presumptions
      • Judicial precedent v. freedom to exercise judicial discretion: scoping and limitations
      • The base for logical reasoning
      • The aspects of judicial reasoning
      • The relationships and roles of parliaments and courts
      • Reasoning techniques to reach decisions
      • The ‘neighbour’ principle as outlined by Lord Atkin
      • Internal and external justification of conclusions of law – dictum justifications
      • Use v. misuse of deduction

    Week 2: Prosecutorial reasoning

      • Why become a ‘Prosecutor’
      • What Prosecutors Do and Do Not Do
      • Interests, skills and characteristics of a Prosecutor
      • The structure of the Interview Process that Interviewers Look For
      • Common hypothetical questions
      • The character of a ‘Prosecutor’ – how to develop one
      • Statutory background and normative forces
      • Powers and limitations
      • Discretion and its maximum limits
      • Legality v. illegality
      • Ideology
      • Criminological skills
      • Accountability
      • Transparency
      • Inertia
      • Role ambiguity
      • Systemic oversight and confidential investigations management skills
      • Internal checks
      • Prosecutions in rem and in personam
      • Adaptive management
      • Disempowerment
      • Role specification
      • Court prosecutorial skills