Legal research and writing quiz
INTRODUCTION TO LEGAL RESEARCH AND ANALYSIS
Chapter 2
1
Introduction
Purpose of Legal Analysis
Analyze factual event
Determine:
Legal issue
Law
How the law applies to the factual event
Legal Analysis Defined
Applying the law to the client’s case
Legal Research and the Analysis Process: Overview
Legal Analysis Process
Systematic approach to legal research and analysis
IRAC
Most common approach to legal analysis
Legal Research and the Analysis Process: IRAC Steps
IRAC: 4-Step Process
Step 1: Issue
Step 2: Rule
Step 3: Analysis/application
Step 4: Conclusion
Legal Research and the Analysis Process: Initial Steps
Before Legal Analysis Begins
Gather all facts
Issue: Key facts are included in the issue
Rule: Determine law based on facts
Analysis/application: Apply rule of law to facts
Conclusion: Summarize how law applies to facts
Conduct preliminary legal research
Legal Research and the Analysis Process: IRAC Step 1
IRAC Step 1: Issue
Identify the issue or issues (legal question)
The issue is the precise question raised by the specific facts of the client’s case
One set of facts may raise multiple legal issues
Separate the issues and analyze each separately
Keep focus on the issues, avoid getting sidetracked
Legal Research and the Analysis Process: IRAC Step 2
IRAC Step 2: Rule
Identify the law that governs the issue
Locate general law
Locate law that interprets how general law applies to specific facts
Update research sources to ensure the law has not been changed
Legal Research and the Analysis Process: IRAC Step 3
IRAC Step 3: Analysis/Application
Determine how the rule of law applies to the issue
Identify the component parts of the rule of law
Apply facts of case to component parts
Consider possible counterarguments
Legal Research and the Analysis Process: IRAC Step 4
IRAC Step 4: Conclusion
Summarize results of legal analysis
May include:
Recap
Consideration of action court may take
Identification of additional facts
Identification of further research
Identification of further issues or concerns
General Considerations
Focus
Issue: Focus on facts of case
Rule of law: Focus on facts of case and elements of rule of law
Ethics—Intellectual Honesty
Research and analyze problem objectively
Locate all legal authority, including adverse authority
When to Stop Researching
If you find nothing on your subject
Look to another legal source
Reconsider the issues and search terms
Reconsider the legal theory
It may be an issue of first impression
After finding several legal sources
When you have found your answer
When several authorities on topic are found