Legal Analysis: The Fundamental Skill / Edition 2

Legal Analysis: The Fundamental Skill / Edition 2

by David S. Romantz, Kathleen Elliott Vinson
     
 

ISBN-10: 1594602794

ISBN-13: 9781594602795

Pub. Date: 07/30/2009

Publisher: Carolina Academic Press

The second edition continues to teach students the critical skills of legal reasoning. This popular book is a practical and clear guide that explains the many ways lawyers analyze the law. The authors demystify legal analysis by examining the foundations and methodology of legal problem solving, and by discussing the different levels of critical thinking necessary to…  See more details below

Overview

The second edition continues to teach students the critical skills of legal reasoning. This popular book is a practical and clear guide that explains the many ways lawyers analyze the law. The authors demystify legal analysis by examining the foundations and methodology of legal problem solving, and by discussing the different levels of critical thinking necessary to develop effective legal arguments. The book emphasizes the importance of applying the law as opposed to relying excessively on formulaic methods of analysis. New to the second edition, the book will examine rule-based reasoning and the embedded rule; examine deductive analysis and resolving statutory ambiguity; examine case-law reasoning and inductive analysis; examine the role of policy in legal argument; examine the structure and variations of legal argument and CREAC; and offer new examples and exercises.

Product Details

ISBN-13:
9781594602795
Publisher:
Carolina Academic Press
Publication date:
07/30/2009
Edition description:
Teachers Guide
Pages:
172
Sales rank:
668,971
Product dimensions:
5.60(w) x 8.38(h) x 0.47(d)

Table of Contents

Acknowledgments
Perspectives
Ch. 1The Foundations of Legal Analysis3
AStatutes4
BCase Law5
CHierarchy of Courts9
DJurisdiction11
ETypes of Authority13
Ch. 2Rules19
AIdentifying Rules in Case Law20
BRule Synthesis22
CTests24
Ch. 3Case-Law Analysis33
AAnalogical Analysis34
BAnalogical Strategies43
Ch. 4Statutory Analysis61
AStep One - Construing the Statute62
BStep Two - Application67
Ch. 5Policy71
ACase Law72
BStatutes73
CPolicy Arguments74
Ch. 6Other Considerations81
AJudicial Conservatism81
BFairness84
Ch. 7The Legal Argument89
ACREAC89
BFourteen Tips When Drafting CREAC96
Conclusion107
App. AInteroffice Memorandum109
App. BPersuasive Memorandum of Law119
App. CClient Letter131
Glossary of Terms135
Index141

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