Legal Opinion Part 1 I Dr. Mohamad Idwan Ganie, S.H., FSIArb

Summary

This video provides an insightful explanation of legal opinions, focusing on their definition, methodology, format, and the process of creation. It emphasizes the importance of facts, legal questions, norms, and analysis in crafting a legal opinion. The speaker explores the steps involved, including the relevance of facts in determining legal conclusions and how legal reasoning operates in the process. Additionally, the video touches on common mistakes made in legal opinion writing, such as failure to clearly state applicable norms or improperly structured analyses. It is a valuable resource for law students, legal professionals, and anyone interested in legal reasoning.

Takeaways

• 😀 Legal opinion is not based on personal preference but on what the law dictates.
• 😀 A legal opinion is about what is legally correct, not about who is right.
• 😀 A legal opinion should follow a clear process with defined steps from start to finish.
• 😀 The methodology of writing a legal opinion includes understanding facts, legal questions, norms, legal analysis, and drawing a conclusion.
• 😀 In legal opinions, facts are crucial because they determine which laws apply.
• 😀 The legal question must be relevant and directly linked to the facts at hand, and must be answerable with a yes or no.
• 😀 The applicable legal norms are essential for answering legal questions, and they can be derived from laws or jurisprudence.
• 😀 Legal analysis involves applying the relevant law to the facts and reasoning logically to reach a conclusion.
• 😀 The formula for legal analysis often follows the pattern: 'If X, then Y,' where X represents conditions or elements, and Y represents the legal consequence.
• 😀 A legal opinion's conclusion should directly answer the legal question, and must logically follow from the analysis, avoiding generalizations.
• 😀 Common mistakes include failing to clearly state the applicable norm or mixing up the order of legal questions in the opinion.

Q & A

What is the main purpose of a legal opinion?

A legal opinion is about providing a conclusion based on the law, determined through a structured process of analyzing relevant facts, questions, applicable laws, and logical reasoning.

What are the essential principles in creating a legal opinion?

The key principles in creating a legal opinion include focusing on facts, answering legal questions, applying the relevant norms, and performing legal analysis to reach a conclusion.

What is the significance of facts in legal opinions?

Facts are crucial because they determine which laws apply. Without accurate, relevant facts, it would be impossible to provide a legal opinion or apply the correct law.

What does the phrase 'res ipsa loquitur' mean in the context of legal opinions?

'Res ipsa loquitur' means 'the thing speaks for itself.' In the context of a legal opinion, this principle indicates that the relevant facts should be clear enough to determine the legal outcome.

How should legal questions be framed in a legal opinion?

Legal questions must be relevant, directly linked to the facts, and should be answerable with a clear 'yes' or 'no.' These questions form the foundation for the legal opinion.

Why is the order of legal questions important in a legal opinion?

The order of legal questions should be logical and structured, as some legal questions may depend on the answers to previous ones. A well-organized sequence helps to build a coherent argument.

What role do legal norms play in a legal opinion?

Legal norms are the rules or principles that govern how a case should be evaluated. These norms must be identified and applied to the facts to draw a legal conclusion.

What is legal analysis, and why is it essential in legal opinions?

Legal analysis involves applying the relevant legal norms to the facts of the case. It is the most critical part of a legal opinion, as it determines how the facts and laws interact to form a conclusion.

How do you perform legal reasoning in a legal opinion?

Legal reasoning involves applying a formula where facts (F) are matched with legal norms (X), and if certain conditions are met, a legal outcome (Y) is determined. This reasoning may include exceptions, conditional outcomes, or scenarios where the law doesn't apply.

What should a conclusion in a legal opinion include?

A conclusion should directly answer the legal question posed at the start of the opinion. It should reflect the logical analysis and should be concise, confirming whether the legal result is 'yes' or 'no,' often by rephrasing the question.