14 terms

CP Exam - Judgment and Analytical Abilities

NALA Review; CP, CLA, paralegal, legal assistant, exam, review
STUDY
PLAY
judgment
the process used to reach a decision or a conclusion
analytical ability
process of sorting facts and related information into categories and separating that which is relevant from that which is not
comprehension
understanding always begins with knowledge of what words mean, both literally and by reasonable inference
stare decisis
principal which requires that cases with like facts are to be decided alike and cases with different facts are to be decided differently (if the differences are important)
factual gap
when certain facts are missing or unknown
factual conflicts
occurs when facts obtained from a single source are inconsistent with each other
internal conflict
when facts obtained from a single source are inconsistent with each other
external conflict
when facts obtained from single source are inconsistent with facts obtained from other sources
analysis
separating a whole into its parts for the purpose of examination
legal analysis
examining legal rules in relation to a specific set of facts to determine a probable outcome
analogical legal reasoning
reasoning governed by stare decisis principles
critical thinking
the ability to recognize materials facts, identify relevant legal principles and apply the law to the facts to reach a conclusion to the dispute
material facts
those facts, which, if changed, would affect the outcome of the case.
immaterial facts
facts that have no bearing on the outcome of the case