Term
|
Definition
| used in a broad sense to refer to the process of identifying the issue or issues presented by a client's facts and determining what law applies and how it applies. |
|
|
Term
4 steps for legal analysis
|
|
Definition
IRAQ
Issue- identify the legal question
Rule - find the law that governs the issue
Analysis/application- a determination of how the rule of of law applies to the issue (sometimes referred to as the analysis step)
Conclusion- a summary of the results of the legal analysis
|
|
|
Term
|
Definition
| play a major role in each step of the analytical process |
|
|
Term
|
Definition
help guide the researcher in the area being researched. Key terms are identified by reviewing the case file and listing all the terms relevant to the legal questions raised by the facts of the case.
|
|
|
Term
|
Definition
before the analysis process can begin - basic research
in the area(s) of law that govern the issue or issues in the case. |
|
|
Term
|
Definition
|
|
Term
| When to Stop Researching if you Find Nothing |
|
Definition
Look to another source of law
Reconsider the issue and search terms
Reconsider the legal theory
Consider it a matter of first impression |
|
|
Term
| When to stop researching after finding several legal sources |
|
Definition
Stopy when you have found the answer
Look to several authorities on the research topic:
Primary Authority
Secondary Authority
Consider other factors governing when to stop |
|
|
