Judicial Reasoning

Course schedule

Classroom Training:
DateVenueDurationPrice
11 - 15 Nov 2024London5 days£4,250

Please note: prices shown above are exclusive of VAT (20%).

Course Overview

Learn about the decision-making processes in the judiciary, focusing on the interpretation of law, the application of precedent, and the reasoning behind judicial decisions.

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 of chambers, and paralegals
  • Law graduates wishing to take either the judicial or prosecutorial route

Course 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 judicial 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) /liandgt;
  • 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

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