Judicial Reasoning
Course Information:
Venue: | Duration: | Date: | Price: |
---|---|---|---|
Online | 12 hours | Flexi-date | £1,750.00 |
In-House | Agreed with client | Flexible | POA |
London | 5 days | 07-Feb | £3,500.00 |
London | 5 days | 14-Mar | £3500.00 |
London | 5 days | 14-Nov | £3,500.00 |
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
- Lawyers
- Legal professionals, clerks ofchambers, and paralegals
- Law graduates wishing to take either the judicial or prosecutorial route
Accreditations
Outcomes
- 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
COURSE TOPICS:
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) /li>
- 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