⚖️ LEGAL THINKING IS A PUZZLE — KNOW THE PIECES, SOLVE THE CASE
⚖️ LEGAL THINKING IS A PUZZLE — KNOW THE PIECES, SOLVE THE CASE
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Understanding the essential ingredients of a legal subject is often the key to solving issues related to it. In theory and practice, legal reasoning usually follows this method:
1️⃣ Identify the legal subject (e.g., contract, tort, land, evidence).
2️⃣ Know the core elements or requirements of the subject matter.
3️⃣ Check whether each ingredient is present or absent in the facts.
4️⃣ Apply relevant law or precedent based on that analysis.
5️⃣ Draw a conclusion on validity, liability, or entitlement.
✅ If all elements are met → the right exists or the agreement is valid.
❌ If any key element is missing → the case fails.
💡 Example:
In a loan agreement:
If consideration is missing → not enforceable.
If borrower lacks capacity → contract void or voidable.
This is structural and mechanical once the elements are known.
❗ But Legal Issues Become Complex When:
⚠️ The facts are unclear or disputed.
⚠️ Two or more areas of law overlap.
⚠️ The application of an element is subjective (e.g., intention, negligence).
⚠️ Case law conflicts.
⚠️ Statutory interpretation is required.
⚠️ Public policy overrides a strict rule.
Thus, while the framework is simple, the application can be complex in real life.