Legal Analysis: The Fundamental Skill / Edition 1

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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.
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Product Details

  • ISBN-13: 9780890899052
  • Publisher: Carolina Academic Press
  • Publication date: 8/1/1998
  • Edition description: Older Edition
  • Edition number: 1
  • Pages: 144
  • Product dimensions: 5.60 (w) x 8.40 (h) x 0.40 (d)

Meet the Author

David S. Romantz is Director of Legal Methods at the Cecil C. Humphreys School of Law, The University of Memphis. Kathleen Elliott Vinson is Director of the Legal Practice Skills Program, Suffolk University Law School.
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Table of Contents

Acknowledgments
Perspectives
Ch. 1 The Foundations of Legal Analysis 3
A Statutes 4
B Case Law 5
C Hierarchy of Courts 9
D Jurisdiction 11
E Types of Authority 13
Ch. 2 Rules 19
A Identifying Rules in Case Law 20
B Rule Synthesis 22
C Tests 24
Ch. 3 Case-Law Analysis 33
A Analogical Analysis 34
B Analogical Strategies 43
Ch. 4 Statutory Analysis 61
A Step One - Construing the Statute 62
B Step Two - Application 67
Ch. 5 Policy 71
A Case Law 72
B Statutes 73
C Policy Arguments 74
Ch. 6 Other Considerations 81
A Judicial Conservatism 81
B Fairness 84
Ch. 7 The Legal Argument 89
A CREAC 89
B Fourteen Tips When Drafting CREAC 96
Conclusion 107
App. A Interoffice Memorandum 109
App. B Persuasive Memorandum of Law 119
App. C Client Letter 131
Glossary of Terms 135
Index 141
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