Legal Analysis

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Legal Analysis
2011-09-08 00:58:13
Legal Analysis

Chapter 2 Legal Analysis
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  1. Legal Analysis:
    The process of identifying the issue or issues presented by a client's facts and determining what law applies and how it applies.

    The process of applying the law to the facts of the client's case.
  2. Legal Analysis Process:
    • IRAC:
    • Issue - identifying the issue (legal question) or issues raised by the facts of the client's case
    • Rule - identifying the law that governs the issue
    • Application/Analysis - determining how the rule of law applies to the issue.
    • Conclusion - summary of the results of the legal analysis.
  3. Preparation before Legal Analysis:
    • Gather all facts and information relevant to the case.
    • Preliminary legal research to gain basic familiarity of the area of law involved in the case.
  4. Issue:
    • The precise question raised by the specific facts of the case.
    • Includes the key facts of the case.
  5. Rule:
    The determination of which law governs the issue is based on the applicability of the law to the facts of the client's case.
  6. Analysis/Application:
    The process of applying the rule of law to the facts.
  7. Conclusion:
    • A summation of how the law applies to the facts, a recap of the first three steps.
    • Requires the facts.
  8. Intellectual Honesty
    In Legal Analysis, implies researching and analyzing a problem objectively.