Jamal Awil

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Whether the case be “hard” or “easy. [fact]

What may be considered by a lawyer as an “easy” case may be a jaw-breaking one to a student only one-third of the way through a course. Whether the case be “hard” or “easy,” the Pound/Jones formulation is the best test to measure a good decision: not in terms of the correctness or incorrectness of the courts’ application of precedents, and not in terms of the result, for this may simply be congruent with one’s personal philosophy or inclination, but in terms of (1) how thoughtfully and disinterestedly the court weighed the conflicting interests involved in the case and (2) how fair and durable its adjustment of the interest-conflict promises to be. The first goes to the “reasonableness” of the court’s decision; the second to the logical validity of its reasoning.

Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide …, loc. 1306