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Law 1060
Legal Research and Analysis - Ch. 2
9
Law
Undergraduate 1
04/01/2015

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Term
Purpose of legal analysis and legal research
Definition
analyze the facts presented by the client and to determine: what the legal issue/issues are present given the facts, the law that governs the issue(s), how the law(s)that govern the issue applies to the facts and what remedy, if any, is available.
Term
Legal Analysis
Definition
process of identifying the issue(s) presented by a client's facts and determining what law applies and how it applies. legal research is part of the analysis process which includes finding the law that applies to the issue(s)
Term
4 Step Legal Analysis Process:
Definition
Issue
Rule
Analysis/application
Conclusion
Term
Issue
Definition
the legal question raised by the facts of the client's case. the key facts are included in the issue
Term
Rule
Definition
identifying the law that governs the issue. is based on applying the law to the facts of the client's case
Term
Analysis/Application
Definition
determining how the rule of law applies to the issue. applying the rule of law to the facts.
Term
Conclusion
Definition
a summary of the results of the legal analysis to the issue. it is a recap of the issue, rule and analysis steps with facts of the case included.
Term
Key Terms
Definition
terms that help the researcher in the area being researched. they are identified by looking at the case file and listing all terms relevant to the legal questions raised by the facts of the case.
Term
When to stop researching
Definition
when your research has become circular/redundant, when you find nothing more, when you have found the answer to the legal question
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