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Legal Analysis
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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.
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.
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.
Issue:
The precise question raised by the specific facts of the case.
Includes the key facts of the case.
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.
Analysis/Application:
The process of applying the rule of law to the facts.
Conclusion:
A summation of how the law applies to the facts, a recap of the first three steps.
Requires the facts.
Intellectual Honesty
In Legal Analysis, implies researching and analyzing a problem objectively.
Author
NicoleNotes
ID
100444
Card Set
Legal Analysis
Description
Chapter 2 Legal Analysis
Updated
9/8/2011, 4:58:13 AM
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