Do as the Romans do
The entire thing or article in a case
Res
Non-binding presumptions the court uses to create a decision.
These are the different procedures by which a legal claim can be made
Forms of action
If the meaning of a statute is to be black and white, admitting of only one meaning.
Plain Meaning Rule
Abuse of power by the judiciary
Judicial Usurption
a judge's incidental expression of opinion, not essential to the decision and not establishing precedent.
Obeiter Dicta
This requires the court to resolve ambiguity in a criminal statute in favor of the accused.
Rule of Lenity
If the chattel itself could not be recovered, its value could be obtained. It also became possible for the defendant, upon giving a counter-bond, to keep possession of the chattel during the litigation.
Repluvin
This category of reasoning is appropriate when a rule of law clearly covers the facts of a litigated case.
Deductive Reasoning
The theory or philosophy of law
Jurisprudence
From the beginning
Ab initio
"The Expression of one excludes the other"
Expressio Unius est Exclusio Alterius
Allows recovery for an unlawful intrusion upon plaintiffs land.
Trespass quare clausum fregit
This rule uses inductive reasoning to find a solution to statutory interpretation
The Golden Rule
An assertion accepted as true, though probably false, to achieve a particular goal in a legal matter.
Legal Fictions
An act made wrongful by law
Ex delicto
This maxim requires statutes to include an enactment clause
Titles Are Not Controlling
Where the plaintiff was seeking to recover a definite sum due from the defendant as a penalty or forfeiture under a statute.
Debt on a statute
This method uses legislative history as background to further understand the meaning of a statute.
The Purposive Approach
Legal positivism
"With force and arms against the peace of the Lord King"
Vi et Armis et contra pacem Domini Regis
Trespass
This maxim is used by the courts to adjoin ambiguous terms and construe it relative to its neighboring term
Noscitur a Sociis
Name the forms of action that could be used against a squatter on your property.
Trover, Trespass Quare Clausum, Real Actions of Ejectment
this form of reasoning is used by judges and lawyers in the following groups of cases (1) novel problems in which no suitable rule or principle is provided by the law (2)where the court finds a rule/precedent unsound (3) situations where two rules are available for determination of an issue
Dialectical Reasoning
the federal principle or system of government.
Federalism