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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:
- 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.
- The precise question raised by the specific facts of the case.
- Includes the key facts of the case.
The determination of which law governs the issue is based on the applicability of the law to the facts of the client's case.
The process of applying the rule of law to the facts.
- A summation of how the law applies to the facts, a recap of the first three steps.
- Requires the facts.
In Legal Analysis, implies researching and analyzing a problem objectively.