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HOW TO ANALYZE A LAW CASE by Alice Ken
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HOW TO ANALYZE A LAW CASE |
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Education,Law,Writing
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The main aim of studying law cases is to understand what law entails so that knowledge is used in resolving conflicts when they arise. One needs to be well equipped with knowledge relating to law in order to be able to analyze the case in a suitable manner. When analyzing a law case, one has to read and re-read it again in order to ensure that there are no important matters that have been omitted. The analyzed law case acts as a tool for self- instruction. There are four elements that are found in law case which include facts where it comprises of name of the case and its parties together with what happened and the judgment, the second one is the issue which describes the dispute which was addressed in the court, the third one is holding which discusses about the applied rule of law and the last one is rationale which states the reasons of the holdings. One of the best ways of analyzing a law case is analyzing the law throughout the process of gathering some information and writing. This is by creating a structured outline of the case-law. In simpler terms structure is an important element of good legal writing. Outliner helps in organizing research to issues and sub-issues. Also, outline provides flexibility when editing a draft. After creating a structure, the next step is to prepare a legal memorandum which represents research and analysis of a particular fact. The main aim of the legal memorandum is to help the reader learn the general structure and components of how to analyze a law case. The legal memorandum comprises of the following heading, succinct identification of legal issues, a short summary of the conclusion, review of relevant facts, discussion of law relevant to the legal issues and final conclusion. The heading of the legal case should name both the author and recipient of the memorandum, date, client identification and the subject. When writing a legal case, it is necessary to succinctly show correct legal issues. The conclusion part of the legal case should be clear and responsive. The facts reviewed must be relevant and clearly and objectively stated. It is important to use definitions to standardize terminology to state the for persons. The main part of case law is discussion part. This is because it provides avenue explaining and analyzing of the case. The legal citation should be followed in analyzing of case law. Use correct citation format; margins, spacing and page numbers should follow instructions given.
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