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judicial reasoning

Case Law & Precedent: The Foundation of Judicial Authority

Understanding the Unwritten Law: Case Law Explained Case law, also known as common law or judicial precedent, is the bedrock of many modern legal systems, including that of the United States. Unlike statutory law, which is codified in written legislation passed by a legislature, case law evolves organically through the decisions of courts as they […]

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The Concept of Legal Fiction: Law’s Useful Pretenses

Understanding Legal Fictions A legal fiction is a powerful legal construct—an assumption of fact accepted by the court, though known to be untrue, used to allow a rule to operate, achieve justice, and enable the law to adapt without formal statutory change. Learn about corporate personhood, the reasonable person standard, and other key concepts that

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Legal Fictions: Unveiling the Law’s Creative Side

A legal fiction is a powerful concept within the legal framework, often assumed to be true even when it may not align with reality. This post explores how these fictional constructs are used to ensure justice and adapt the law to complex and evolving societal dynamics. The law, in its pursuit of order and justice,

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The Core Concepts of Legal Doctrine

Meta Description: Understand the foundational principles that shape legal decisions. This guide explores the “doctrine of law,” its role in common and civil law systems, and key examples like stare decisis, res judicata, and the presumption of innocence. Decoding the Doctrine of Law: Your Essential Guide In the vast and complex world of jurisprudence, judges,

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