Lecture Notes - Logic and Legal Reasoning - F-16 QAU - 2018 PDF

School of Law
Quaid-i-Azam University
Islamabad
B.A, LL.B, F-16 Lecture Notes

(New Improved)
Logic
and
Legal Reasoning
Shaukat Hayat
Lecture Notes Logic and Legal Reasoning 2
Table of Contents
Lesson-1: An Introduction to Logic & Legal Reasoning ….……....….. 6
1.1: Literal Meanings of Logic ….……………………………………….….. 6
1.2: Significance of Logic in the Study of Law ….…………………..….. 6
1.3: Use of Logic by Legal Professionals ….……………………...….….. 6
1.4: Mistaken View of the Law Students about Logic ….………….….. 7
1.5: Logic requires that Law Students Must use ….………..……..….. 7
1.6: What does Reasoning Meaning? ….………………….…………..….. 7
1.7: Definition of Argument ….………………………………………....….. 7
1.7.1: Argument …………………………………………………………. 7
1.7.2: Statement ….…………………….…….……………………..….. 7
1.7.3: Declarative Sentence ……………...……………………....….. 7
1.7.4: Examples of Declarative Sentences ….…………………….. 8
1.8: What is Legal Reasoning? ….………………………………….…..….. 8
1.8.1: Literal Meaning of “Legal Reasoning ….……………….….. 8
1.8.2: Examples of Legal Reasoning ….………………………..….. 8
1.9: Technical Meanings of Legal Reasoning ….………………..…..….. 9
1.10: Deductive Legal Reasoning ….…………………………………..….. 9
1.10.1: Definition of Deductive Legal Reasoning ….………..….. 9
1.10.2: Significance of Deductive Legal Reasoning ….……..….. 9
1.11: Syllogism or Syllogistic Legal Reasoning ….………..……...….. 11
1.11.1: Definition of Syllogistic Legal Reasoning ….……...….. 11
1.11.2: Example of Syllogistic Legal Reasoning …………..….. 11
1.11.3: Significance of Syllogistic Legal
Reasoning for Law Students ………………………....….. 11
1.12: Cases for Practice ….…………………………………..……....….... 11
1.12.1: State v. Kala Khan ….……………..…………………...….. 11
1.12.2: The Government of Pakistan v. Mr. Black …..…...….. 12
1.12.3: Badam Gul v. Pordil Khan ….…………………….....….. 13
1.12.4: Mrs. Green v. Mr. Brown ….…………………..…..….….. 14
Lesson-2: Thinking Like a Lawyer ….……………………..……….....….. 15
2.1: Why to Think Like a Lawyer? ………………………………..….…. 15
2.2: The Unique nature of the Profession of a Lawyer ….…….…….. 15
2.3: The First Use of the Phrase ….………………………..………...….. 15
Copy Right © Shaukat Hayat 2017

2.4: Meaning of “Thinking Like a Lawyer” in the Wide Sense ….... 15

2.1.1: A Special Approach of Thinking ….……………..………..…….. 15
2.1.2: Meaning of “Thinking Like a Lawyer” in the Narrow Sense ……... 16
2.2: How to Think Like a Lawyer? ….…………………..…………...….. 16
2.2.1: Spotting Issues ….………………………………..……….….. 16
2.2.2: Looking at the Facts of the Cases from Different Angles …... 17
2.2.3: Constructing Arguments from Both Sides ….…….…….. 17
2.2.4: Keeping Emotions Aside ….………….....………………….. 18
Lesson-3 Legalese (Legal English) ….…………………………………..….. 19
3.1: What does Legal English Mean? ….………………….………...….. 19
3.2: Influence of Latin Language ….…………………………….……….. 19
3.3: Usage of Mixed Language ….………………………….…..…….….. 20
3.4: Difference between Legal English and Standard English ….... 20
3.1.1: An Example of the Difference between
Legal English and Standard English ….………..…...….. 21
3.2: Chief Characteristics of Legal English ….………………...... 21
3.2.1: Unusual Sentence Structure ….……………..…………….. 21
3.2.2: Insufficient Usage of Punctuation ….………………….….. 22
3.2.3: Use of Latin and French Phrases and Maxims ….….….. 22
3.2.4: Use of Words of Older English ….……………….……..….. 22
3.2.5: Use of Modifiers ….………………………..………….…..….. 23
3.2.6: Use of Alternative Endings ….……..……………………….. 23
3.2.7: Use of Phrasal Verbs ….……………………….…….…..….. 23
3.2.8: Use of Technical Terminology ….……………………….….. 23
3.2.9: Use of Common Words with Uncommon Legal Definitions... 23
3.3: Some Latin Legal Terms used in Legal English ….………….….. 24
Lesson-4 Legal Reasoning through Analogy ….…………..……….….... 28
4.1: World Legal Systems ….………………………………………..…….. 28
4.1.1: Civil Law System ….…………………………………………..…..... 28
4.1.2: Common Law System ….……………………………….……...….. 28
4.2: Judicial Precedent ….…………………………………………...….... 29
4.2.1: Meaning of Judicial Precedent ….…………………………...….. 29
4.2.2: Meaning of “Stare Decisis” ….…………………………….….….. 29
4.2.3: The Binding Nature of Precedent ….………………………...….. 29
4.2.4: The Ratio Decidendi of a Precedent ….…………………...….... 30

4.2.5: The Obiter Dictum in a Precedent ….……………………....….. 30

4.3: What does Analogy Mean? ….…………………………………..…... 30
4.4: Legal Reasoning through Analogy ….………………..………….. 30
4.4.1 The Main Object of Reasoning ….………………..…….…... 31
4.4.2: Legal Reasoning through Analogy ….………..…….…..... 31
Lesson-5 Making the Brief of a Judgement ….……………………..….. 32
5.1: What is a Case Brief? ….……………………………….…………..….. 3
5.1.1: Student Brief ….…………………………………………..….. 32
5.1.2: Appellate Brief ….……………………………...………….….. 32
5.2: Significance of a Case Brief ….…………………..………….…..….. 33
5.2.1: Learning by Doing ….……………………………….…....….. 33
5.2.2: Remembrance of the Facts of a Judgement ….……...…. 33
5.2.3: Branching Off the Different Parts of a Judgement …..... 33
5.3: Who’s Who in a Court Proceedings? ….……………..……..…….. 33
5.3.1: At the Original Jurisdiction ….………………………….….. 33
5.3.2: At the Appellate Jurisdiction ….…………..……………….. 33
5.4: The Benefits of a Case Brief ….…………………………...……...... 33
5.5: Contents of the Brief of a Judgement ….…………………..…….. 34
5.5.1: Title and Citation ….………………………………………..... 34
5.5.2: Procedural History ….………………………….……..…...... 34
5.5.3: Facts of the Case ….………………………………..…….….. 34
5.5.4: Issues ….……………………………………………..……...….. 35
5.5.5: Decision ….……………………………………..……..……….. 36
5.5.6: Ratio Decidendi ….………………………………………...….. 36
5.5.7: Reasons of the Decision ….…………………………..……... 36
5.5.8: Analysis ….……………………………………………..…..….. 37
Lesson-6 I.R.A.C Method of Legal Reasoning ….…………………...….. 38
6.1: What is I.R.A.C-I ….…………………………….……….…………….. 38
6.2: Step-I: Spotting Issues ….…………………………....………..….... 38
6.2.1: Spotting of Issues is the Foundation ….………..….…….. 38
6.2.3: What Dose the term “Issues” Mean ….………….….…….. 38
6.2.4: Importance in Constructing Arguments ……….…….….. 39
6.2.5: How to Spot Issues ….……………….…………………...….. 39
6.3: Step-II: Rule ….……………………………………………………..….. 39
6.3.1: Meaning of “Rule” ….…………………………..…………….. 39

6.4: Step-III: Analysis ….…………………………………………..…..….. 39

6.4.1: Meaning of “Analysis” …………….………..…………….….. 39
6.4.2: Importance ….………………………………………..…….….. 39
6.4.3: Reasons for Conclusion ….………………………….…..….. 39
6.4.4: Meaning of “Conclusion” ….…………..………………...….. 40
6.5: Case for Practice ….………………………………………………..….. 41
6.5.1: Miss Green v. Mr. Black ….……………………...…......….. 41
6.5.2: Janat Gul Bacha v. Samander Khan ………..……….….. 42
Copy Rights Notice

All rights reserved. No part of these lecture notes may be
reproduced, distributed, or transmitted in any form or by
any means, including photocopying, recording, or other
electronic or mechanical methods, without the prior written
permission of the author, except in the case of brief
quotations embodied in critical reviews and certain other
noncommercial uses permitted by copyright law. For
permission requests, write to the author at the address
below:
Shaukat Hayat
Assistant Prof. of Law
School of Law
Quaid-i-Azam University
Islamabad- Pakistan

Lesson-1
An Introduction to Logic & Legal Reasoning
1.1: Literal Meanings of Logic:

The Cambridge Dictionary defines the term, “logic” in the
following words:
“A particular way of thinking, especially one that is
reasonable and is based on good judgment”
In simple words the term “logic” means, “thinking sensibly,
rationally and reasonably.” For instance if I did not find my
valet in my pocket, there is possibility that:
It has fallen out of my pocket;
I have forgotten it at home;
Someone has taken it out of my pocket;
Someone has got it disappeared, therefore, neither can I
see it nor can I touch it while it is still in my pocket;
Which of the above possibilities is not based on logic?
The term logic has technically been defined as:
“the science of inferring correct or reliable
conclusion from the given facts.”
Logic may also be defined as:
“the organized body of knowledge, or science that
evaluates arguments.”
To sum up it can be said that logic is the science of the
principles and conditions of correct thinking.
1.2: Significance of Logic in the Study of Law:
There is a close relation between logic and law. This fact is
apparent from expressions we frequently hear after the trial of
a case. We often hear expressions such as:
“The lawyer for the defense presented very logical
arguments.”
“The plaintiff's counsel presented his evidence in a
logical manner.”
1.3: Use of Logic by Legal Professionals:
In the practice of their profession, lawyers consistently use
arguments, both verbally and in writing. Arguments require

logic to be clear and acceptable to a judge and jury.

Consequently, the study of logic is essential to the study of
law.
1.4: Mistaken View of the Law Students about Logic:
Majority of law students are of the mistaken view that they are
at the law school only for learning law. And that application of
law or the art of preparing cases i.e. arguments can only be
learnt when they will be assisting a lawyer at the bar.
This notion is totally mistaken and a law student has to gain
the skill of applying law on the given situation besides
learning the law at the law schools. That is why learning logic
and legal reasoning is essential requirement for law students.
1.5: Logic requires that Law Students Must use
Logic and Start “Thinking Like a Lawyer”.
Professor Kingsfield, while talking to his first year contract
students said in The Paper Chase:
“You come in here with a head full of mush and you
leave thinking like a lawyer.”
The phrase, “Thinking like a lawyer” means employing logic to
construct arguments. Arguments are a fundamental part of
the law, and analyzing arguments is a key element of legal
analysis. Law students must acquire the skills of analyzing,
evaluating, constructing, and refuting arguments.
1.6: What does Reasoning Meaning?
The term, “Reasoning” in its popular sense means, “the action
of thinking about something in a logical, rational and sensible
way”. It is the act or process of drawing conclusions from the
given facts or evidences. In other words reasoning is the
method of forming conclusion and arriving at a judgement
after looking into the given facts and evidences.
1.7: Definition of Argument:
1.7.1: Argument: An argument is made of a group of
“statements”.
1.7.2: Statement: A statement is a declarative sentence,
which is a sentence that is capable of being true or false.
1.7.3: Declarative Sentence: Only a declaratory sentence is
called and makes a statement or “declares” something;

1.7.4: Examples of Declarative Sentences: For instance “He

eats yogurt”, “He has gone home” or “I am a student” etc.
The following sentences are statements:
1) Chocolate are loaded with calories;
2) Garlic is useful for heart disease;
3) Pakistani political leaders always tell truth; and
4) No servants ever cheat on their masters.
5) Taimoor plays golf and Muhsin plays tennis.
The first two statements are true, the second two false. The
last one expresses two statements, both of which are true.
Unlike statements, many sentences cannot be said to be
either true or false. Questions, proposals, suggestions,
commands, and exclamations usually cannot be classified as
statements.
The following sentences are not statements:
Where is Khartoum? (Question);
Let’s have lunch at Des Pardes (Proposal);
I suggest you get contact lenses (Suggestion);
Turn off the TV right now (Command);
Fantastic! Yummy! Wonderful! (Exclamation).
1.8: What is Legal Reasoning?

1.8.1: Literal Meaning of “Legal Reasoning:
The phrase “legal reasoning” literally means the action of
thinking about something in a logical or sensible way. It is
typically understood to be the practice of identifying the legal
rules applicable to a particular legal issue. Applying those
rules to a legal issue or problem in order to reach to a
reasonable conclusion concerning legal issue or problem.
1.8.2: Examples of Legal Reasoning:
Legal reasoning is a mental activity through which certain
conclusions are drawn from certain available facts. For
instance:

When smoke is seen it is inferred that there is a fire;

When there are 50 students in the class upon counting
they are turn 49, it is inferred that one student is
missing.
In both of above cases reasoning is used for reaching to a
conclusion.
1.9: Technical Meanings of Legal Reasoning:
The phrase, “Legal Reasoning” may be defined in its technical
and legal sense as:
“The process through which a legal problem is
solved by the application of a legal principle on a
legal problem and to infer certain conclusion.”
It means that when a person uses his mental capabilities in
deciding a case or arguing in such case, he is said to have
applied legal reasoning.
Example:
In case of a person who is accused of murdering another by
shooting him with his gun. The task of the person, who has
been asked to give his opinion whether an offence has been
committed or not, is to search for a relevant legal principle to
apply on the case.
He comes across two relevant principles, one says that the act
of murdering another is an offence punishable by the penal
laws.
While there is another principle which says that murder is not
an offence if has been committed in the exercise of one’s right
of private defense.
The detailed study of the facts will make it clear whether an
offence has been committed of not.
1.10: Deductive Legal Reasoning:
1.10.1: Definition of Deductive Legal Reasoning:
Deductive reasoning is a logical process in which a conclusion
is based on multiple premises that are generally assumed to
be true.

1.10.2: Significance of Deductive Legal Reasoning:

Deductive reasoning is used for legal reasoning. It is often
expressed in the form of a syllogism, in which a conclusion is
inferred from two known premises, for instance:
All human beings are mortal.
Kala Khan is a human being.
Therefore, Kala Khan is mortal.
1.11: Syllogism or Syllogistic Legal Reasoning:

1.11.1: Definition of Syllogistic Legal Reasoning:
It is a method of reasoning in which a conclusion is drawn
from two given propositions called premises i.e. Major Premise
and Minor Premise.
The major premise is a general principle for example, “All dirty
floors show negligence.” The minor premise refers to a specific
fact, such as “This floor of this restaurant is dirty.” The
conclusion relates the minor premise to the major premise.
After stating a general principle on the given specific fact, we
can arrive at a conclusion, “This restaurant floor shows
negligence.”
1.11.2: Example of Syllogistic Legal Reasoning:
All men are mortal.
Shehzad is a man.
Therefore, Shehzad is mortal.
The first sentence of the above example is called “Major

Premise”, which is usually a broad and generally applicable
truth, i.e. “All men are mortal.” The second sentence is termed
as, “Minor Premise”, which is usually a more specific and
narrowly applicable fact i.e. “Shehzad is a man”. While the
third sentence is named as, “Conclusion” which is true as a
consequence of the premises i.e. “Shehzad is mortal.”
The Principle:
The principle behind a syllogism is that “what is true of the
universal is also true of the specific.” In deductive reasoning,
you reason from the general to the particular, so it is
essential that the general statement is a universal truth.

Example:
Consider the following flawed syllogism:
Some men are tall.
Shehzad is a man.
Therefore Shehzad is tall.
The statement, “some men are tall” does not allow you to
deduct that if Shehzad is a man, then he must be tall. This is
an example of flawed syllogism.
1.11.3: Significance of Syllogistic Legal
Reasoning for Law Students:
Law students should identify syllogisms when reading cases
and use syllogisms in their outlines and solving problem
based questions in their exams.
1.12: Cases for Practice:
1.12.1: State v. Kala Khan:
The Minor Premise (Facts of the Case)
Kala Khan sees a cell phone belonging to Chodhry Zamurad
lying on the table in Chodhry Zamurad’s office. He hides the
cell phone in Chodhry Zamurad’s office in such a place where
Chodhry Zamurad could not find it ever, due to the fear of
immediate search and detection. He did this with the intention
of taking away the cell phone from the hidden place when
Chodhry Zamurad forgets about and then sell it away.
Question to Ask Yourself:
a) Are all the essential ingredients of the offence of theft are
present in the above story?
b) Is Kala Khan guilty of theft?
c) Why or why not?
The Major Premise (Legal Principle)
Definition of Theft:
“Whoever, intending to take dishonestly any
movable property out of the possession of any
person without that person’s consent, moves that
property in order to such taking, is said to commit
theft.” (Section-379, the Pakistan Penal Code)


How many are the essential ingredient of the offence of theft,
without anyone of which the offence of theft is not said to have
been committed?????
Conclusions
Possible Answers to the Issue Question:
Is Kala Khan guilty of theft?
a) No, because he merely played a prank with the friend.
b) Yes, because Kala Khan did not inform Chodhry
Zamurad about the place where he had hidden the cell
phone.
c) No, Because Kala Khan has not taken the cell phone out
of Chodhry Zamurad’s house;
d) Yes because Kala Khan intended to take the immovable
property from Chodhry Zamurad’s possession and with
this intention he moved the property.
1.12.2: The Government of Pakistan v. Mr. Black, the High
Commissioner of the Republic of Black Forests:
Major Premise (Legal Principle):
“The person of a diplomatic agent shall be
inviolable. He shall not be liable to any form of
arrest or detention. The receiving State shall treat
him with due respect and shall take all appropriate
steps to prevent any attack on his person, freedom
or dignity.” (Article-29 of the Vienna Convention on
Diplomatic Relations 1961)
Minor Premise (The Factual Situation)
Mr. Black, the High Commissioner of the Republic of Black
Forests, while buying something in the local market of the
capital city of the Republic of White Forest got annoyed and
murdered the shopkeeper, Mr. White with whom he was
negotiating. In result of an FIR lodged against him the local
police arrested Mr. Black under the accusation of murder.
Questions to Ask Yourself:
a) Is the arrest lawful?
b) Can Mr. Black be prosecuted for murder by the local
criminal courts?

c) If not what action can be taken by the Democratic

Republic of the Republic of White Forests against him?
Conclusion:
No the arrest and prosecution is totally unlawful as this is
against an international conventions;
“Persona Non Grata”:
“The receiving State may at any time and without having to
explain its decision, notify the sending State that the head of
the mission or any member of the diplomatic staff of the
mission is persona non grata or that any other member of the
staff of the mission is not acceptable. In any such case, the
sending State shall, as appropriate, either recall the person
concerned or terminate his functions with the mission. A
person may be declared non grata or not acceptable before
arriving in the territory of the receiving State.” (Article-9, The
Vienna Convention on Diplomatic Relations 1961)
1.12.3: Badam Gul v. Pordil Khan:
Minor Premise (The Factual Situation):
Badam Gul sent a proposal to sell his car to Pordil Khan,
through a letter, for Rs. 5000,000. Kala Khan, a close friend of
Pordil Khan accepted the offer, and sent him the letter of
acceptance to Badam Gul. Kala Khan arranged the money and
took it to Badam Gul to get the car but he came to know that
Badam Gul had already sold the Car. Kala Khan wants to file
a suit against Badam Gul for breach of contract. He is sure to
win the case as he thinks he had accepted Badam Gul’s
proposal and there was a valid contract between the parties.
Questions to Ask Yourself:
a) Was there any contract between the parties?
b) Was Pordil Khan’s acceptance valid?
c) The Major Premise (Legal Principle)
Mirror Image Rule:

“An acceptance must be a mirror image of the proposal”
Was the Acceptance of Kala Khan a mirror image of the
proposal of Badam Gul? If not what was that?

Conclusion (Answer to the Issue Question):

Proposal:
Pordil Khan’s acceptance wasn’t an acceptance of the proposal
of Badam Gul, therefore there wasn't any contract between
the parties.
In fact Pordil Khan’s acceptance was a “Proposal” which
Badam Gul may or may not accept.
Since there wasn’t any contact between the parties, therefore,
there can be no question of breach of contract.
1.12.4: Mrs. Green v. Mr. Brown:
Minor Premise (The Factual Situation):
Mr. Black, a driver of Mr. Brown was asked to take a guest to
Islamabad airport and shall straight come back. However, Mr.
Black after droping the passenger went to see his friend in
Chungi No 22 in Rawalpindi. On his return he because of his
negligent speedy driving banged the car into the car of Mrs.
Green and caused her a loss of about 300,000/- rupees. Mr.
Green sued Mr. Brown for the loss. The court decided for her
and ordered Mr. Brown to repair the loss of Mrs. Green.
Is the decision correct? Why or why not?
The Major Premise (Legal Principle)
Ubi Jus Ibbi Remidium:
Where there is a legal right there is a legal remedy
Vicarious Liability:
A master is held liable for the wrongful acts of his servant
provided the servant committed the wrongful act (tort) at the
time when he was in course of his master’s employment.
When a Servant is considered to be in course of his
master’s employment?
As long as the servant is doing an authorized act even in an
unauthorized way.

Lesson-2:
Thinking Like a Lawyer
2.1: Why to Think Like a Lawyer? Why not to “Think
Like an Engineer” or “Think Like a Doctor”:
You might not have ever heard someone saying, “think
like an engineer” or “think like a doctor.” This is because
the nature of the job of an engineer or a doctor does not
require him to use logic for reasoning because he does not
require to construct argument. An engineer is meant for
getting buildings constructed while a doctor is meant for
treating sick people and the job of none of them demands
them to argue extensively as the lawyer do.
2.2: The Unique nature of the Profession of a Lawyer:
The nature of the job of a lawyer is different from the job of
an engineer or a doctor. A lawyer’s job requires him to
construct arguments so that he persuades the court to
decide for his client. For constructing arguments he needs
to use logic for reasoning. That is why the phrase “thinking
like a lawyer” has been coined solely for legal profession.
2.3: The First Use of the Phrase:
The phrase, “Thinking Like a Lawyer” was used for the first
time in the 1973 Hollywood movie “The Paper Chase.” In the
movie a law professor says to his first year Contract Law
students:
“You come here with minds full of mush, and
leave thinking like a lawyer.”
The above saying of the professor means that only students
of law are needed to be trained to adopt a particular style of
thinking, i.e. “Thinking Like a Lawyer”.
2.4: Meaning of “Thinking Like a Lawyer” in
the Wide or General Sense:
2.1.1: A Special Approach of Thinking:
From a broad perspective, the phrase, “thinking like a
lawyer” denotes analytical, logical, precise, and unemotional
way of thinking. Thus whoever will think in such a way will

be said to be “thinking like a lawyer” whether he is a lawyer

or not.
2.1.2: Meaning of “Thinking Like a Lawyer” in the
Narrow or Technical Sense:
From a narrow perspective, the phrase, “Thinking Like a
Lawyer” denotes the:
“Ability of a lawyer to look into cases and relevant
rules of law for the purpose of using them to
reach to certain correct conclusions for either
constructing his own arguments or analyzing the
arguments of others”.
When a lawyer does so by applying deductive legal
reasoning, he would be said to have been, “Thinking Like a
Lawyer”.
2.2: How to Think Like a Lawyer?
Thinking like a lawyer requires the following four skills
which has to be mastered by law students by practice:
a). Spotting Issues;
b). Looking at the facts of cases from different angles;
c). Constructing arguments from both sides; and
d). Refraining from being emotional.
2.2.1: Spotting Issues:
Meaning of Issue:
Issues are the disputing points between the litigating parties
which have brought the parties to the court to the court of
law for seeking a decision. A client is a lay man, therefore,
he may narrate a long story of his case to his lawyer.
Since the lawyer has to construct arguments, therefore, he
must be well aware of the disputed points out of his client’s
story. The very first step toward the construction of
arguments is identifying the disputed points between the
two litigating parties.
Significance of Spotting Issues:
Spotting of issues is the foundation for a sound argument in
a case being heard by a court of law. Without identifying
and under-standing issues a lawyer can neither reach to a

rational conclusion nor can he construct arguments to

support his conclusion;
Spot the Issues in the Following Case:
Janat Gul was attracted by a pair of shoes that he thought
were manufactured by “Bata” for a very cheap price.
Neither Janat Gul asked the shopkeeper about the
manufacture nor did the shopkeeper say anything about it.
Janat Gul simply asked for a pair of those shoes, paid the
price and took the shoes home.
When he got home he noticed that the word written on the
shoes was “Baba” and not “Bata”. He went back to the shop
and wanted to return the shoes. The seller refused to take
the shoes back and pay back the price.
Janat Gul has filed a suit against the shopkeeper in your
court. Identify the issues.
2.2.2: Looking at the Facts of the
Cases from Different Angles:
For achieving a favourable decision from a court of law, a
lawyer needs to construct persuading arguments. For
achieving this end he would need to look at the facts of the
case from different angles so that he is able spot the issues
successfully.
Looking at the case from his own angle as well as from the
angle of his opponent will allow the lawyer to construct
sound arguments. Once he has understood the point of view
of his opponent, it will be very easy for him to rebut his
opponent’s pleas with strong arguments.
2.2.3: Constructing Arguments from Both Sides:
It means that while you are constructing your own
arguments to support your pleas, you would need to
construct arguments from the side of the opponent party
too. This will help you to know beforehand the arguments of
your opponent, consequently, you will be in a better position
to successfully rebut the arguments of your opponent.
By successfully rebutting the arguments of your opponent
you will persuade the court to decide in your favour, as well
as persuade the examiner to grant you high grades in the
exam.

2.2.4: Keeping Emotions Aside:

While preparing a case, a lawyer is supposed to be
absolutely professional, keeping emotions aside. when a
lawyer is emotionally involved his feelings can be irrational
or biased. This can stop him from studying important facts,
and, consequently, he may place too much importance on
little details.
To think like a lawyer requires that a lawyer must not have
any personal emotions so that he can focus solely on the
facts of the case. This will help him to see what is important
or relevant and what is not. Consequently, he can draw an
unbiased conclusion.
Consider the Following Case without being Emotional:
It was sunny morning of the cold month of January. Inzar
Gul was in the terrace of the first floor of his bungalow
enjoying sunshine and updating his status on the Facebook.
Suddenly he heard the lady in the neighbouring bungalow
crying and asking for help.
When Inzar Gul looked into the lawn of the neighbour he
saw his next door neighbour, Khashwant Singh brutally
beating his wife, Lakshmi Kor. Inzar Gul without waiting for
a single second jumped into the neighbouring house to save
the lady and he successfully did so.
Next week Inzar Gul came to know that Khashwant Singh
has filed a suit against him for trespass. Inzar Gul is
surprised and upset upon the suit and is sure that he
would easily win the case as he has helped an oppressed
lady. He has hired you as his advocate. What arguments
would you present to the court?

Lesson-3
Legalese (Legal English)
3.1: What does Legal English Mean?
The phrase, “Legal English” which is often referred to
as “legalese”, is the version of the English language which
lawyers and others who are involved in the legal profession,
such as judges and legislators, use when discussing the law
and law-related issues;
It is the style of English used by lawyers and other
legal professionals in the course of their work. Legal
language contains a number of unusual features which are
related to terminology, linguistic structure, linguistic
conventions, and punctuation. It is mostly used in written
form, such as in the creation of legal documents and laws,
and during court proceedings.
Why a Special Version of English is used for Law?
Why Legal English in its present form is not easy to be
understood by laymen?
Was it the result of a conspiracy by legal professionals to
make it this difficult for the ordinary people to retain
their monopoly in the field of law?
Or did it just develop naturally over the centuries of its
development into its present version?
To answer these important questions one needs to look
into the historical development of Legal English. During the
history Legal English was influenced by Latin and French.
Following the Norman invasion of England in 1066, Anglo-
Norman French became the official language of England.
For a period of nearly 300 years, it was the language of
legal proceedings. As a result many words using in modern
legal English are derived from Anglo-Norman, For example:
property, estate, chattel, lease, executor, and tenant. Its
influence may be illustrated by some of the complex
linguistic structures employed in legal writing.
3.2: Influence of Latin Language:
The influence of Latin can be seen in a number of
words and phrases such as ad hoc, de facto, bona fide, inter

alia, and ultra vires, which remain in current use in legal

writing. Statutes were written in Latin until about 1300, in
French until 1485, in English and French for a few years,
and in English alone from 1489;
3.3: Usage of Mixed Language:
During the Medieval period lawyers used a mixture of
Latin, French and English. The usage of pairs of words from
different languages led to the emergence of mixed language
doublets in legal language. Among the examples of mixed
language doublets are:
“breaking and entering” (English/French);
“fit and proper” (English/French);
“lands and tenements” (English/French);
“will and testament” (English/Latin);
“let and hindrance” (English Only);
“have and hold” (English Only).
3.4: Difference between Legal English
and Standard English:
Legal English differs from Standard English Language
in many respects such as in vocabulary, structure, form,
meaning and other linguistic features. Although Legal
English is based on Standard English, it requires knowledge
of very specific terminology of law. It also has several
features with regard to sentence structure and use of words
that to the laymen might seem confusing. For instance,
instead of a document saying, “Badam Gul previously lived
there” it might say, “Badam Gul heretofore resided in the
aforementioned residence”.
Some words in Standard English have entirely different
meanings when used in a legal context. One example of this
is the use of the word “consideration” which means
“thinking about others” in Standard English. However, when
used with regard to a contract refers to “the thing of value
that passes between the parties to a contract in exchange
for something of value.”
There are the words that are only used in Legal
English and would not be used or understood in everyday
life by persons without legal training such as “tort”. There is
also the distinct lack of punctuation in legal documents and

differing word order. This would cause great confusion to a

person who has no understanding of Legal English.
There are a number of grammatical differences between the
two versions of English an example being the use of the
word “said” in the phrase “the said property”.
The most obvious difference between them is the use of
words and phrases of other languages such as Latin and
French in Legal English. Latin maxims and legal phrases
are the established universal principles of law, usually well
known to people in the legal profession. For example “Mens
Rea”, “Actus Reas” “Prima facie”, “Ipso facto” etc; etc.
3.1.1: An Example of the Difference between
Legal English and Standard English:
A law professor asked one of his students to gift an
orange to one of him class mates. The student handed the
orange to another student sitting next to him saying, “Take
this orange as a gift for you from me.” Upon that the
professor shouted to him, “think like a lawyer and do it like
a lawyer.” Consequently the student gifted the orange in the
following words,
“ I give you all and singular, my estate and interest, right,
title, claim and advantage of and in that orange, with all its
rind, skin, juice, pulp and pips, and all right and advantage
therein, with full power to bite, cut, suck, and otherwise eat
the same, or give the same away as fully and effectually as I
the said A.B. am now entitled to bite, cut, suck, or
otherwise eat the same orange, or give the same away, with
or without its rind, skin, juice, pulp, and pips, anything
hereinbefore, or hereinafter, or in any other deed, or deeds,
instrument or instruments of what nature or kind soever, to
the contrary in any wise, notwithstanding.”
3.2: Chief Characteristics of Legal English:
3.2.1: Unusual Sentence Structure:
In legal English sentences often have very unusual
structures. For example, the provisions for termination
hereinafter appearing or will at the cost of the borrower
forthwith comply with the same. The influence of French
grammatical structures is a contributory reason for this
factor.

3.2.2: Insufficient Usage of Punctuation:

One of the most unusual aspects of old-fashioned
contract drafting was the belief among lawyers and judges
that punctuation was unimportant. The prevailing view in
common law jurisdictions was that the meaning of legal
documents should be ascertained from the words of the
document and their context rather than from punctuation.
Accordingly, old-fashioned legal drafting tends to
involve little or no punctuation. This makes it extremely
hard to read and potentially highly ambiguous. For
example, consider the following unpunctuated sentences:
“This man said the judge is a fool.”
“Woman without her man would be stupid.”
Now consider the same sentences with punctuation:
“This man”, said the judge, “is a fool.”
“Woman: without her, man would be stupid.”
Fortunately, modern legal drafters have begun to use
punctuation in the same way that ordinary writers use
punctuation, to give guidance about meaning.
3.2.3: Use of Latin and French Phrases and Maxims:
Legal English is full of foreign phrases and maxims.
Latin and French phrases are frequently used in the legal
documents, statutes as well as in pleadings instead of
English phrases. For instance “inter alia” instead of “among
others”, “prima facie” instead of “on the face of it”, “ab intiao”
instead of from the beginning.
So far as the usage of Latin maxims are concerned,
“Ubi Jus Ibi Remidium, “Injuria Sine Damnum”, “Damnum
Sine Injuria”, “Respondent Superior” are the few example of
the use of Latin maxims in Legal English.
3.2.4: Use of Words of Older English:
One of the reasons for Legal English being difficult to
understand is the usage of older words in it. For instance
hereof, thereof, whereof whereat, wherein, thereafter,
herewith, hereby, thereon, thereupon.
These words of older English are used in legal English
to avoid repeating names or phrases. For example, the
parties hereto instead of the parties to this contract.

3.2.5: Use of Modifiers:

Modifiers such as “the same”, “the said”, “the
aforementioned” etc are frequently used in Legal English.
The use of modifiers in legal English is quite interesting,
because very frequently they are used as adjectives to
determine the noun, but not replace them, for example, “the
said John Smith.”
3.2.6: Use of Alternative Endings:
Legal English contains some words and titles, such as
employer and “employee”, “lessor” and “lessee”. In these
words the reciprocal and opposite nature of the relationship
is indicated by the use of alternative endings, -er, -or, and –
ee.
3.2.7: Use of Phrasal Verbs:
Phrasal verbs are often used in a quasi-technical
sense. For example, “parties enter into contracts”, “put down
deposits”, “serve documents upon other parties”, “write off
debts” etc. A phrasal verb is a phrase consisting of a verb
and another element, either an adverb, as in ”break down”,
or a preposition, as in “see to”, or a combination of both,
such as ”look down on.”
3.2.8: Use of Technical Terminology:
Legal language is difficult to understand, because of
the usage of technical terms and phrases which are
unfamiliar to the layman. For instance “waiver”, “restraint of
trade”, “restrictive covenant”, “promissory estoppel”. These
terms are ordinary words used in special meanings for
instance, “construction”, “prefer”, “redemption”, “furnish”,
“hold” etc;
There is a tendency in legal English to combine
together two or three words to convey what is usually a
single legal concept such as, “null and void”, “fit and
proper”, “due care and attention”, “perform and discharge”,
“terms and conditions”, “agree and covenant”.
3.2.9: Use of Common Words with
Uncommon Legal Definitions:
There are numerous examples including the following:
an action means a law suit

to alienate means to transfer property

an application is a formal request for action by a court
consideration is the exchange value in a contract
a counterpart is a duplicate of document
a deed is a contract under seal
executed – a signed contract
an infant means a minor
an instrument is a legal document
a party is a person contracting or litigating
pleadings are documents filed with the trial court
save means except
to serve means to deliver legal papers
without prejudice means without loss of any rights
3.3: Some Latin Legal Terms used in Legal English:
In the following line there is a short list of some Latin
legal terms used in Legal English:
1). Ab Initio: From the start; from the beginning.
2). Actus Reus: A prohibited act.
3). Ad Hoc: Limited in time; to this point.
4). Ad Litem: For the suit. A guardian ad litem is the one
who represents a minor defendant.
5). Alibi: ‘Elsewhere’ A defence to a criminal charge
alleging that the defendant was not at the place at
which the offence was committed at the time of its
alleged commission and so could not have been
responsible for it.
6). Bona Fide: Good faith.
7). Causa Sine Qua Non: An intervening cause of loss
which, though not direct, may nonetheless contribute
to the loss.
8). Caveat Emptor: ‘Let the buyer beware’ A common-law
maxim warning a purchaser that he could not claim
that his purchases were defective unless he protected
himself by obtaining express guarantees from the
vendor.
9). Certiorari: A formal request to a court challenging a
legal decision of an administrative tribunal, judicial
office or organization alleging that the decision has
been irregular or incomplete or if there has been an
error of law.

10). De Facto: ‘In fact’ – Existing as a matter of fact rather

than of right.
11). De Jure: Of law, As a matter of legal right; by right
12). Dictum: An observation by a judge with respect to a
point of law arising in a case before him.
13). Ex Parte: Decision of a case in the absence of one of
the parties.
14). Habeas Corpus: A court petition which orders that a
person being detained be produced before a judge for a
hearing to decide whether the detention is lawful or
not.
15). In Absentia: In the absence of.
16). In Camera: A closed and private session of Court. A
court hearing must usually be public but the public
may be barred from the court or the hearing may
continue in the judge's private room in certain
circumstances; for example, when it is necessary in
the interests of national security or to protect the
identity of a witness unwilling to give evidence in
public.
17). In Personum: Regarding a person; a right available a
specific person is called, “right in personum”.
18). In Rem: Regarding a thing. A right available against
the world at large is called, “right in rem”.
19). Inter Alia: Among other things', 'for example' or
'including'.
20). Inter se: As between or amongst themselves.
21). Intra Vires: ‘Within the powers’. Describing an act
carried out by a body such as a public authority or a
company that is within the limits of the powers
conferred on it.
22). Ultra Vires: ‘Beyond the powers’. Describing an act
carried out by a body such as a public authority or a
company that is beyond the limits of the powers
conferred on it.
23). Inter Vivos: From one living person to another living
person.
24). Ipso facto: By the act itself.
25). Mens Rea: Guilty mind, guilty knowledge or intention
to commit a prohibited act.
26). Modus Operandi: Method of operation.

27). Mutatis Mutandis: Mutatis Mutandis means the

necessary changes. This is a phrase of frequent
practical occurrence, meaning that matters or things
are generally the same, but to be altered, when
necessary, as to names, offices, and the like.
28). Onus: Burden;
29). Per Capita: Per head;
30). Per Se: Of itself;
31). Quantum: Amount or extent;
32). Quorum: The minimum number of voting members
that must be in attendance at a meeting of an
organization for that meeting to be regularly
constituted;
33). Quasi: As if, almost.”
34). Quo Warranto: Legal procedure taken to stop a person
or organization from doing something for which it may
not have the legal authority, by demanding to know by
what right they exercise the controversial authority;
35). Ratio Decidendi: Reasons for a decision;
36). Res Ipsa Loquitur: The thing speaks for itself;
37). Res Judicata: Already subject to judicial
determination;
38). Respondeat Superior: Let the principal answer;
39). Sui Generis: ‘Of its own kind’ – Forming a class of its
own, unique;
40). Sub Judice: Under judicial consideration.
41). Sui Juris: One's own law; having full capacity.
42). Ubi Jus Ibi Remedium: For every wrong, the law
provides a remedy.
43). Ultra Vires: Beyond the powers. Beyond the powers.
Describing an act by a public authority, company, or
other body that goes beyond the limits of the powers
conferred on it. Ultra vires acts are invalid (compare
intra vires).
44). Volenti non fit injuria: Volenti non fit injuria ‘No
wrong is done to one who consents’. The defence that
the claimant consented to the injury or (more usually)
to the risk of being injured.
45). Criminal Wrong: A criminal wrong is that unlawful act
which is punishable;
46). Civil Wrong: A civil wrong is that unlawful act which
is actionable;

47). Tort: A tort is a civil wrong, other than a breach of

contract for which the law provides a remedy in the
form of a decree for un-liquidated damages.
48). Trespass: Entering someone’s premises without his
permission or remaining there against his will.

Lesson-4
Legal Reasoning through Analogy
4.1: World Legal Systems:
4.1.1: Civil Law System:
The term civil law derives from the Latin jus civile, the law
applicable to all Roman cives or citizens. Its origins and
model are to be found in the huge compilation of Roman law
specially made by the Roman Emperor Justinian in the
sixth century CE. The core feature of Civil Law is that its
principles are codified.
Countries following a civil law system are typically those
that were former French, Dutch, German, Spanish or
Portuguese colonies, including much of Central and South
America. Most of the Central and Eastern European and
East Asian countries also follow the Civil Law System.
The case law in civil law systems does not have binding
force. In civil law the courts have the task to interpret the
law as contained in a legislation, without being bound by
the interpretation of the same legislation given by higher
courts.
In a Civil Law system, the judge’s role is to establish the
facts of the case and to apply the provisions of the
applicable code.
4.1.2: Common Law System:
The Common law is a body of law based on custom and
general principles embodied in case law which serves as
precedent and is applied to situations not covered by
statute.
The Common Law was applied within British colonies across
the continents. In its initial age, the Common law was un-
codified. The Common law is largely based on precedent, i.e.
the judicial decisions that have already been made in
similar cases.

4.2: Judicial Precedent:

4.2.1: Meaning of Judicial Precedent:
Judicial precedent means the process whereby judges follow
previously decided cases where the facts of the former and
latter case are similar.
A precedent, in the English Law System, is a previous court
decision which another court is bound to follow, by deciding
a subsequent case in the same way.
The doctrine of binding precedent started under the ruler-
ship of King Henry II, in an effort to centralize the
administration of justice.
4.2.2: Meaning of “Stare Decisis”:
The doctrine of judicial precedent involves an application of
the principle of stare decisis which means “to stand by the
decided”.
In practice, this means that the subordinate courts are
bound to apply the legal principles set down by the superior
courts in earlier cases.
4.2.3: The Binding Nature of Precedent:
An important and distinctive element of English Common
Law System is that the decisions made in preceding cases
are binding on the subordinate courts.
What stare decisis means in practice is that when a court
makes a decision in a case then any court which is of a
lower status to that court must follow that previous decision
if the case before them is similar to that earlier case.
So, once a Higher Court has decided a matter in dispute,
the subordinate courts are bound to follow that decision.
Although a judge of the lower judiciary may not agree to the
legal principle made through the judgement of a higher
court, however, he has no choice but to follow that
particular precedent.
A binding precedent is only created when facts of cases are
fairly similar and the decision was made by a court which is
higher in the hierarchy system to the court now hearing the
case.

4.2.4: The Ratio Decidendi of a Precedent:

The ratio decendi of a case is the point in a case which
determines the judgment or the principle which the case
establishes.
When a judge delivers judgment in a case he outlines the
facts which he finds have been proved on evidence.
Then he applies the law to those facts and arrive at a
decision for which he gives the reason.
This reason is the ratio decendi which forms the binding
precedent which must be followed in future cases
containing the same material facts.
4.2.5: The Obiter Dictum in a Precedent:
The obiter dictum in a precedent is a judge's expression of
opinion uttered in court or in a written judgement, but not
essential to the decision and therefore not legally binding as
a precedent. It is a statement said by the way, although
included in the court’s opinion do not form a binding
precedent. However, they can be strongly persuasive.
Instances where a court opinion may include an obiter
dictum are:
Where a court rules that it lacks jurisdiction to
hear a case or dismiss a case on technicality. If
the court in such a case makes an opinion on the
merits of that case, the opinion will constitute an
obiter dictum.
Where the judge in explaining his rule provides a
hypothetical set of facts and explains how he or
she believes the law would apply these facts.
Where a judge makes side comments in an
opinion to provide context for other parts of the
opinion.
4.3: What does Analogy Mean?
The English word “analogy” is derived from the Greek word
“analogia” meaning “equality of ratios or proportion”. In
everyday usage in English, analogy means “similarity” or
“resemblance”. Analogy treats two cases as “alike” if they
possess equal attributes or relations in common. Analogy is

also a valid source of law in Islamic Legal System and it is

called, “‫” س‬.
4.4: Legal Reasoning through Analogy:
The Main Object of Reasoning:
The main object of legal reasoning is to reach to certain
conclusion concerning the facts of a case and to use such
conclusion as an argument;
4.4.1: Legal Reasoning through Analogy:
In the method of legal reasoning by analogy, a present case
is compared with a previously decided cases. If the facts of
the cases are similar, the legal principal applied in the
previously decided case can be used as an argument.
Example:
A man driving a Toyota Corolla runs over an old lady who
was lawfully using a zebra crossing. The man was held
liable in negligence by a court of law in a previously decided
case.
In a later case A woman driving a Honda City runs over an
old man who was crossing the road using a zebra crossing.
If the question before the court is whether the woman was
liable in negligence?
To answer this question the previously decided case can be
presented to a court as an argument upon the negligence of
the woman driver in the latter case.

Lesson-5
Making the Brief of a Judgement
5.1: What is a Case Brief?
A case brief is a written document which outlines and
condenses a legal case, or a legal opinion. This legal opinion
is written by a judge. The case brief is sometimes described
as a way to take notes, but the brief has a more formal
format. Primarily, the case brief is utilized in the classroom
setting by law students, but the format can also carry over
into real-world practice by lawyers and judges.
Case briefing is an efficient method of studying law.
The purpose of case brief is to get law students familiar with
the method of identify the rules of law found in court
judgements and analyze how courts apply these rules of law
to the facts of a case in an objective and rational manner.
Case briefing improves analytic skills and increases
understanding of the role of courts in defining, interpreting,
and applying law. Case briefs are divided into the following
two categories:
5.1.1: Student Brief:
A student brief is a short summary and analysis of the case
prepared for use in classroom discussion.
It is a set of notes, presented in a systematic way, in order
to sort out:
the parties,
identify the issues,
ascertain what was decided, and
analyse the reasoning behind decisions made by the
courts.
5.1.2: Appellate Brief:
An appellate brief is a written legal argument presented to
an appellate court. Its purpose is to persuade the higher
court to uphold or reverse the trial court’s decision.

5.2: Significance of a Case Brief

5.2.1: Learning by Doing:
The practice of case briefing affords an opportunity to the
students to “Learn by Doing” i.e. learning by writing.
Such type of learning has been found better than “Passive
Learning” i.e. merely reading judgements.
5.2.2: Remembrance of the Facts of a Judgement:
A case brief helps the students to remember the facts and
issues of a judgement. Which will help them to answer
examination questions as well as preparing arguments in
their practical carrier of legal practice.
5.2.3: Branching Off the Different Parts of a Judgement:
It helps the students to isolate legal rules, facts, and issues.
It also develops the skill of isolating relevant facts from
irrelevant facts in a judgement. A case brief develops the
skill of framing issues in a given case.
5.3: Who’s Who in a Court Proceedings?
5.3.1: At the Original Jurisdiction:
1) Plaintiff: A Plaintiff is the one who files a suit in a
civil case;
2) Defendant: A Defendant the one against whom a suit
has been filed in a civil case;
3) Prosecution: Prosecution that government
department which initiates criminal proceedings
against an accused person on behalf of the victim of a
crime. In criminal proceedings the State represent the
victim of the offence.
4) Defence: Defence is the accused in a criminal case;
5.3.2: At the Appellate Jurisdiction:
1) Appellant: An appellant is the party who files an
appeal against another in an appellate court;
2) Respondent: A Respondent is the party against whom
an appeal is filed in an appellate court;
5.4: The Benefits of a Case Brief:
The object of a case brief is to reduce a judgement into
a summary that will provide a helpful reference in class as

well as in the court proceedings. Most importantly, with the

help of the brief of a judgement students will grasp:
The problem the court faced (issue);
The relevant law the court used to solve it (rule);
How the court applied the rule to the facts
(application); and
The outcome of a case (decision).
5.5: Contents of the Brief of a Judgement:
Following are the important parts of the brief of a
judgement:
5.5.1: Title and Citation:
The title and citation of case tells you where the case was
published. The cases are published in bound volumes
known as reporters. The citation creates a quick way of
finding that original version of the case. For example, one
citation might Kala Khan v. Badam Gul PLD 1988 LHr. 347.
This citation shows that the case was decided by Lahore
High Court and was published in “Pakistan Legal Decision”
in 1988 at page 347.
The citation of the case also show who is opposing whom.
The name of the person who initiated legal action in that
particular court will always appear first. In a civil case the
citation may be
“Badam Gul v. Sher Bahadar Khan”
“‫ن‬ ‫در‬ ‫م‬ ‫” دام‬
While in a criminal case it may be:
“State v. Badam Gul” or “Badam Gul v. State”
“ ‫م دام‬ ‫ر‬ ” or “‫ر‬ ‫م‬ ‫” دام‬
The citation tells how to locate the reporter of the case
in the appropriate case reporter.
5.5.2: Procedural History:
This section should explain how the case has moved
through the court system, starting from the time the matter
went to trial to the present decision. The procedural history
is the history of the case. Include in the procedural history
(1) what courts the case has traveled through, (2) what

happened in previous court proceedings, and (3) how the

case ended up in the current court.
In the procedural history of a case brief the level of the
court whose decision is being heard in the present case in
the appellate court must be mention. It may be first appeal
preferred from the decision of a District Court or it may be
second appeal preferred from the decision of the High Court.
Similarly, he level of the current court i.e. High Court or
Supreme Court may also be mentioned.
For example, the trial court convicted Mr. Black for
money laundering as his name appeared in the Panama
Leaks. He went in appeal to the High Court. The High Court
upheld the conviction. Mr. Black appealed against the
decision of the High Court to the Supreme Court. The
Supreme Court has either upheld the conviction or has
acquitted him.
5.5.3: Facts of the Case:
A good brief should include a summary of the facts and
legal points raised in the case. It should show the nature of
the litigation, who sued whom, based on what occurrences,
and what happened in the lower court. The facts are often
conveniently summarized at the beginning of the court’s
published opinion.
The fact section of a good brief shall include the following
elements:
a). A one-sentence description of the nature of the case,
to serve as an introduction.
b). A statement of the relevant laws applied in the case;
c). A summary of the case plus relevant evidence and
arguments presented in court to explain who did
what to whom and why the case was thought to
involve illegal conduct.
d). A summary of actions taken by the lower courts, for
example, the defendant was convicted by the Court of
Sessions or the conviction was upheld by the High
Court or the Supreme Court acquitted the accused.
5.5.4: Issues:
This section outlines the main legal questions that the
court was asked to decide. The legal issues can be written in

question form and should summarize what legal questions

are being addressed by the case.
One way to find the issues is to ask: “What are the big
legal questions that the court is considering? What has to
be resolved or answered?” Sometimes the court states
explicitly what the issues are. The court may say something
like, “On appeal, the appellant asks us to consider whether .
. . ” Or, the court may say, “The first issue is whether . . . ”
In other cases, the court may not be as explicit—you’ll have
to dig a little deeper to identify the issues. Keep in mind that
issues are related to the law. If you’re having a hard time
figuring out what the issues are, you can often use the
casebook’s Table of Contents, Chapter and Section
headings, case introductions, and case notes (located after
the case) to help identify the issues.
5.5.5: Decision:
This section provides the answers to the questions
outlined in the Issues Section. The decision section outlines
what the court decided. What action or remedy was ordered,
if any (award of punishment in a criminal case and award of
a decree for damages in a civil case).
5.5.6: Ratio Decidendi:
Ratio decidendi is a Latin phrase meaning “the reason
for the decision.” Ratio decidendi refers to the legal
principles on which a court’s decision rests. The ratio
decidendi is a statement of the legal rule that the court used
to make its decision;
Outlining the ratio decidendi is important because in a
common law system like Pakistan’s, the legal precedents set
by the Supreme Court of Pakistan as well as the High
Courts are binding on the Subordinate Courts and will
therefore influence how would they decide similar cases;
5.5.7: Reasons of the Decision:
The most important component of your case brief is
the court’s reasoning, or its rationale, for the holding. To
determine what the court’s reasoning was, ask: “How did
the court arrive at the holding? How did the court explain
the answer to the legal questions asked in the case?” You
can identify the court’s reasoning by looking for the places

where the court is applying law (statutes, regulations, or

other cases) to the facts. In your case brief, make note of the
law that the court used to answer the legal question(s). Put
this law into your own words rather than writing it out word
for word—you will understand and remember it better in the
future. After identifying the relevant law from the case, look
closer at how the court applied that law to the facts. Were
there particular facts that the court viewed as important to
its analysis? Were there other facts that the court said were
not important?
This section provides an explanation of how the court
reached its decision. It should include the legal rules or
precedents the court followed and how the court justified
the application of the law in such case.
5.5.8: Analysis:
In addition to learning how to brief cases, students of
law also find it helpful to know how to analyze case
problems. In this part of your case brief describe how the
Court arrived at its decision. What facts did it consider and
how did it apply the law to those facts?
Your analysis should be organized so that the reader
can follow the Court’s reasoning from beginning to end. Why
the Court ruled the way it did is the most important part of
the case, and the reader must be able to understand it by
reading your brief instead of the case, especially in the case
of an appeal.
Often a Judge who is not in agreement with the
majority will write a dissenting opinion or case analysis.
Sometimes a Judge who is in agreement with the majority
will write his or her own case analysis. If there is a
dissenting or concurring opinion, a summary should be
included in your case brief.
Your analysis should avoid simply repeating the
Court’s words, except in cases where the exact language is
important. In those cases, use quotation marks, and make
it clear that you are quoting the Court.

Lesson-6
I.R.A.C Method of Legal Reasoning
6.1: What is I.R.A.C-I:
I.R.A.C is a methodology for legal reasoning, I.R.A.C stands
for:
I- Issue;
R- Rule;
A- Application;
C- Conclusion.
Step-I in the IRAC methodology is to identify the issues.
Step-II is to state the relevant rule of law that will apply in
resolving the issue.
Step-III is to apply those rules to the facts of the question,
that is, to 'analyze' the issue.
Step-IV is to offer a conclusion as to the most likely
result.
Although IRAC method was introduced for legal reasoning,
it is mostly used for solving problem based questions of law
school examinations in the universities of Western World.
IRAC is an extremely useful tool in organizing an answer to
a problem based question. This method of legal reasoning
helps to understand a legal problem in a better way.
6.2: Step-I: Spotting Issues:
6.2.1: Spotting of Issues is the Foundation:
For an excellent answer to a problem based examination
question or an excellent answer argument in a case,
spotting of issues is the foundation;
6.2.2: Importance for Reaching to a Correct Conclusion:
Identifying the legal issue from a given set of facts is very
important for reaching to a sound and correct conclusion.
6.2.3: What Dose the term “Issues” Mean:
Issues are the disputing points which have brought the
parties to the court. In other words issues are those

disputing points between the parties to a dispute which

have brought the parties to the court.
6.2.4: Importance in Constructing Arguments:
Without understanding issues one can neither reach to a
rational conclusion nor can he construct arguments to
support your conclusion;
6.2.5: How to Spot Issues:
For spotting issues one has to go through the facts of the
case and note the points which are disputing between the
litigating parties.
6.3: Step-II: Rule
6.3.1: Meaning of “Rule”:
The rule describes which law applies to the issue. The rule
should be stated as a general principal, to be applied to the
given case.
Examples:
“An agency relationship is created when there is an
agreement that the agent will act for the benefit of the
principal at the principal’s direction or control regardless of
whether compensation is paid” would be an acceptable rule;
or
“The plaintiff was the defendant’s agent” would not be an
acceptable rule.
Step-III: Analysis
6.4: Step-III: Analysis:
6.4.1: Meaning of “Analysis”:
Analysis involves applying the Rule to the facts of the
problem or question.
6.4.2: Importance:
The analysis is the most important phase in the IRAC
method of legal reasoning.
6.4.3: Reasons for Conclusion:
For the purpose of analysis, a conclusion should not be
drawn without stating reasons for it.

A conclusion without reasons or explanation means that the

rule and the facts have not been used to analyze the issue.
6.4.4: Meaning of “Conclusion”:
The conclusion in IRAC method of legal reasoning is an
answer to the Issue or problem.
In the conclusion section of the IRAC method the result of
analysis is stated.
Examples:
“Kala Khan is liable for negligence” or
“Therefore, no valid contract was formed between X and Y.”
If there are multiple issues, there must be multiple
conclusions as well.
6.5: Case for Practice:
6.5.1: Miss Green v. Mr. Black:
Facts of the Case:
Miss Green had a sheep, named Sheep, whom she was very
fond of. Unfortunately, Miss Green’s neighbors were not as
fond of Sheep, since she ate up their lawns. Miss Green’s
neighbor, Mr. Brown, had threatened poor Sheep on more
than one occasion. One day, Miss Green came home and
found Sheep laying injured at her doorstep. Miss Green was
sure that Mr. Brown had injured her Sheep.
The next day, Miss Green hired a Mr. Black to beat up Mr.
Brown. She agreed to pay the Mr. Black$500 to beat up Mr.
Brown by that night. They wrote down their agreement and
Miss Green gave the Mr. Black$200 as earnest money.
The next morning, Mr. Brown was in fine shape and
obviously had not been touched. Miss Green called the Mr.
Black to ask what the problem was. Mr. Black said that he
had met Mr. Brown and thought he was actually very nice,
so he did not beat him up. Miss Green was outraged and
demanded the Mr. Black either beat up Mr. Brown or give
Miss Green her money back. Mr. Black refused to do
either.
Issues:
In Miss Green v. Mr. Black the following issues can be
found out:

a) Is there an enforceable contract between Miss Green

and Mr. Black?
b) Whether Miss Green can sue the Mr. Black when he
did not fulfill their agreement?”
c) Can Miss Green recover what she had paid Mr. Black?
Why or why not?
Rule:
What law applies to the question being asked? This is a
contract question and the law applicable is the Contract Act
1872. Section-23 and 24 of the said Act are applicable on
the case:
Section-23 of the Contract Act 1872:
“What consideration and objects are lawful, and what not:
The consideration or object of an agreement is lawful,
unless:-
it is forbidden by law; or
is of such nature that, if permitted it would defeat the
provision of any law or is fraudulent; or
involves or implies, injury to the person or property of
another; or
the Court regards it as immoral, or opposed to public policy.
In each of these cases, the consideration or object of an
agreement is said to be unlawful. Every agreement of which
the object or consideration is unlawful is void.”
Section-24 of the Contract Act 1872:
“Agreements void, if considerations and objects unlawful in
part:
If any part of a single consideration for one or more objects,
or any one or any part of any one of several considerations
for a single object, is unlawful, the agreement is void.”
Analysis
In Miss Green v. Mr. Black apparently the following
requirements of a contracts seems to be fulfilled:
a) Both the parties to the contract are competent to
contract as none of them is below 18 years nor insane;

b) The consent given by both the parities is a free consent

as it has not been given under fraud,
misrepresentation, coercion or undue influence;
c) The contract has both sides consideration;
In spite of all the above facts the contract between Miss
Green and Mr. Black is a void contract. A void contract has
not existence in the eye of law that is why there can be no
question of its enforceability.
The reason for the contract being void and, consequently,
un-enforceable is that the one of the two consideration i.e.
beating of Mr. Brown is un-lawful and is an offence.
Conclusion
The conclusion in Miss Green v. Mr. Black is that Miss
Green can neither sue the Mr. Black, nor can she recover
what she had paid to Mr. Black as an advance.
The reason of this conclusion is that in the eye of law there
is no contract between Miss Green and Mr. Black. There
contract is void i.e. a contract which according to law has
no existence;
The reason of the contract being void is that the subject
matter of their contract, i.e. beating of Mr. Brown by Mr.
Black (which is a consideration as well) is not lawful and is
an offence according to Section-24 of the Contract Act 1872.
6.5.2: Janat Gul Bacha v. Samander Khan:
Facts:
Janat Gul of Kohat, who is running a trade of cosmetics in
Dera Ismail Khan, was driving in Khyber Bazar, Peshawar
when Sher Bahadar Khan of Mingawara, Swat caused
serious damage to Janat Gul’s car in result of his (Sher
Bahadar Khan’s) negligent driving.
With the intention of putting Sher Bahadar Khan in trouble
of traveling from Mingawara to Dera Ismail Khan, Janat Gul
is planning to file a suit for the recovery of damages against
Sher Bahadar Khan in Dera Ismail Khan.
Issues:
a) Can Janat Gul Bacha file such suit in Dera Ismail
Khan?
b) If not where he may file the suit?

Rule:
Section-19 of the Code of Civil Procedure 1908:
“Where a suit is for compensation for wrong done to the
person or to movable property, if the wrong was done within
the local limits of the jurisdiction of one Court and the
defendant resides, or carries on business, or personally
works for gain, within the local limits of the jurisdiction of
another Court, the suit may be instituted at the option of
the plaintiff in either of the said Courts.
Illustrations:
a) A, residing in Karachi beats B in Quetta. B may sue A
either in Quetta or Karachi.
b) A, residing in Karachi published in Quetta statements
defamatory of B. B may sue A either in Quetta or in
Karachi.”
Analysis:
Janat Gul Bacha cannot file suit against Samander Khan in
Dera Ismail Khan;
In Accordance with Section-19 of the Code of Civil
Procedure 1908, Janat Gul Bacha has the following two
options for filing his suit. He can either file the suit in:
Peshawar; or
Mingawara.
This is because the rule says:
“Where a suit is for compensation for wrong done to the
person or to movable property, if the wrong was done within
the local limits of the jurisdiction of one Court and the
defendant resides, or carries on business, or personally
works for gain, within the local limits of the jurisdiction of
another Court, the suit may be instituted at the option of
the plaintiff in either of the said Courts.”
Conclusion:
In light of the afore-mentioned rule i.e. Section-19 of the
Code of Civil Procedure, 1908 Janat Gul Bacha cannot file
suit against Samander Khan in Dera Ismail Khan as the
said city has no relevance with the wrong;

Janat Gul Bacha can file the suit either in Peshawar, “where
the wrong was done”; or
In Mingawara, where Samander Khan “resides or carries on
business or personally works for gain.”

Lecture Notes - Logic and Legal Reasoning - F-16 QAU - 2018 PDF

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Lecture Notes - Logic and Legal Reasoning - F-16 QAU - 2018 PDF

Uploaded by

Copyright:

Available Formats

School of Law

B.A, LL.B, F-16 Lecture Notes

Copy Right © Shaukat Hayat 2017

2.4: Meaning of “Thinking Like a Lawyer” in the Wide Sense ….... 15

Copy Right © Shaukat Hayat 2017

4.2.5: The Obiter Dictum in a Precedent ….……………………....….. 30

Copy Right © Shaukat Hayat 2017

6.4: Step-III: Analysis ….…………………………………………..…..….. 39

Copy Rights Notice

Copy Right © Shaukat Hayat 2017

1.1: Literal Meanings of Logic:

Copy Right © Shaukat Hayat 2017

logic to be clear and acceptable to a judge and jury.

Copy Right © Shaukat Hayat 2017

1.7.4: Examples of Declarative Sentences: For instance “He

1.8: What is Legal Reasoning?

Copy Right © Shaukat Hayat 2017

When smoke is seen it is inferred that there is a fire;

Copy Right © Shaukat Hayat 2017

1.10.2: Significance of Deductive Legal Reasoning:

1.11: Syllogism or Syllogistic Legal Reasoning:

The first sentence of the above example is called “Major

Copy Right © Shaukat Hayat 2017

Copy Right © Shaukat Hayat 2017

Question to Ask Yourself:

Copy Right © Shaukat Hayat 2017

c) If not what action can be taken by the Democratic

Mirror Image Rule:

Copy Right © Shaukat Hayat 2017

Conclusion (Answer to the Issue Question):

Copy Right © Shaukat Hayat 2017

Copy Right © Shaukat Hayat 2017

be said to be “thinking like a lawyer” whether he is a lawyer

Copy Right © Shaukat Hayat 2017

rational conclusion nor can he construct arguments to

Copy Right © Shaukat Hayat 2017

2.2.4: Keeping Emotions Aside:

Copy Right © Shaukat Hayat 2017

Copy Right © Shaukat Hayat 2017

alia, and ultra vires, which remain in current use in legal

Copy Right © Shaukat Hayat 2017

differing word order. This would cause great confusion to a

Copy Right © Shaukat Hayat 2017

3.2.2: Insufficient Usage of Punctuation:

Copy Right © Shaukat Hayat 2017

3.2.5: Use of Modifiers:

Copy Right © Shaukat Hayat 2017

to alienate means to transfer property

Copy Right © Shaukat Hayat 2017

10). De Facto: ‘In fact’ – Existing as a matter of fact rather

Copy Right © Shaukat Hayat 2017

27). Mutatis Mutandis: Mutatis Mutandis means the

Copy Right © Shaukat Hayat 2017

47). Tort: A tort is a civil wrong, other than a breach of

Copy Right © Shaukat Hayat 2017

Copy Right © Shaukat Hayat 2017

4.2: Judicial Precedent:

Copy Right © Shaukat Hayat 2017

4.2.4: The Ratio Decidendi of a Precedent:

Copy Right © Shaukat Hayat 2017

also a valid source of law in Islamic Legal System and it is

Copy Right © Shaukat Hayat 2017

Copy Right © Shaukat Hayat 2017