Introduction to Law Deneme Sınavı Sorusu #838727
Which of the following information about analogical reasoning is not true?
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An analogy consists of an observed similarity between two phenomena. |
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An analogy may be used when there is no precedent (prior case law close in facts and legal principles) in point. |
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An analogy is an extension of the scope of a norm to be applied. |
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Analogy involves an earlier decision being followed in a later case because the later case is similar to the earlier one. |
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Reasoning by analogy is not used in common law. |
Legal analogy simply means finding the solution to a problem by reference to another similar problem and its solution. Analogy is an extension of the scope of a norm to be applied. The information given in the first four options is true. "Reasoning by analogy is not used in common law" is not true since analogy is a central form of reasoning found in many legal systems, especially ‘Common Law’ systems such as those in England and the United States.
The correct answer is E.
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