Introduction to Law and Legal Reasoning

Law and its neighbors, the sources of American law and their order of authority, federal and state law, public and private law, and the difference between civil and criminal cases.

1. What Law Is
2. Sources of American Law
3. Federal and State Law
4. Public and Private Law
5. Civil and Criminal Cases

The common law tradition, stare decisis, binding and persuasive authority, holdings and dicta, and how courts distinguish and overrule cases.

1. The Common Law Tradition
2. Stare Decisis
3. Binding and Persuasive Authority
4. Holding and Dicta
5. Distinguishing and Overruling

Federal and state courts, jurisdiction, trial and appeal, and the paths of civil and criminal cases.

1. The Federal Courts
2. State Courts
3. Jurisdiction
4. Trial Courts and Appellate Courts
5. The Path of a Civil Case
6. The Path of a Criminal Case

Case names and citations, the parts of an opinion, the parties, briefing a case, IRAC, and what courts do with the decisions they review.

1. Case Names and Parties
2. Reading a Citation
3. The Parts of an Opinion
4. Briefing a Case
5. IRAC
6. What Appellate Courts Do

Rules applied by deduction, reasoning by analogy, rules and standards, elements and tests, and burdens of proof.

1. Rules as Syllogisms
2. Reasoning by Analogy
3. Rules and Standards
4. Elements, Factors and Balancing Tests
5. Burdens and Standards of Proof

Text and ordinary meaning, purpose, legislative history, the canons of construction, deference to agencies and the schools of interpretation, each in its best light.

1. Text and Ordinary Meaning
2. Purpose
3. Legislative History
4. Textual Canons
5. Substantive Canons
6. Courts and Agency Interpretations
7. The Schools Compared

The case-or-controversy requirement, standing, ripeness and mootness, and the political question doctrine.

1. Cases and Controversies
2. Standing
3. Ripeness and Mootness
4. Political Questions

A first look at contracts, torts, criminal law and administrative law, the subjects of the first year of law school.

1. Contracts
2. Torts
3. Criminal Law
4. Administrative Law