Legal Reasoning
What the exam tests
Legal reasoning tests application of a given principle to facts, not recall of a statute. You must identify the rule, apply it to the material facts, and ignore irrelevant detail.
Core rules
- Read the principle narrowly; do not add conditions that are not there.
- Distinguish ratio from obiter and principle from illustration.
- Identify the issue, the rule, the application and the conclusion.
- Watch for exceptions and defences built into the principle.
- Use only the facts given; do not assume outside facts.
Worked example
Principle: 'A person who leaves an open excavation on a public road without warning is liable for injury caused to a passer-by.' Facts: A digs a trench at night and leaves it unguarded and unlit. B, walking home, falls in and breaks a leg. A argues that B should have looked where he was going. A is liable. The principle imposes a duty to warn, and B's ordinary care does not excuse A's failure to guard the trench. If B had ignored a visible barrier and warnings, contributory negligence might reduce damages.
Traps
Overreading the principle is the main error. Do not import criminal law concepts into a civil principle. Do not confuse moral blame with legal liability. If the facts mention an exception, apply it expressly.