Legal Reasoning and Potential Legal Implications

Legal Reasoning and Potential Legal Implications

Legal Reasoning and Potential Legal Implications
Legal reasoning is a term often associated with lawyers. However, in order to be an effective education leader who is knowledgeable about a person’s rights and duties, legal reasoning is necessary. An understanding of legal reasoning can assist education leaders with making sound decisions and effective risk-management policies and procedures.

There are several models for legal reasoning. In this course, the Vandevelde (2011) model will be highlighted. The model suggests five steps in the legal reasoning process: 1) identifying applicable sources of law, 2) analyzing the sources in order to determine the underlying policies, 3) synthesizing the rules of the law and grouping them with specific rules, 4) researching facts, and 5) applying the structure of rules to the facts to resolve cases.

In this module’s Discussion, you will apply Vandevelde’s five-step process of legal reasoning to assess and make decisions about situations with potentially legal implications. You will reference and research case law examples to determine evidence of flawed legal reasoning and decision making, and seek to understand the lessons learned from an education leader’s perspective.

To prepare for the Discussion, read the Cain v Horne article, and view the documentary, Black, White and Brown. In addition, view the special footage at the end of the documentary to gather additional resources on legal reasoning and decision making, and review Vandevelde’s five-step model for legal reasoning. Look for examples of negligence evidenced by faulty legal reasoning of education leaders involved in the case law. Finally, carefully review related readings for this module and draw from them as you consider a potentially legal situation in your own environment.

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