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Chapter Five focuses on the essential processes of legal analysis and writing. It outlines how to compare the facts of a client's case with relevant statutes and reported cases to build a strong argument. It details the components of a case brief, emphasizing the need for clarity in sections such as judicial history, issues, rules, analysis, and conclusion. Additionally, it provides guidance on creating a legal memorandum, which includes statements of facts, issues, and discussions. Understanding these elements is crucial for effective legal writing.
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Chapter Five Using the Law: Analysis and Legal Writing
Legal Analysis The process of comparing or aligning the facts of a client’s case with the elements of a statute is one step of legal analysis. Comparing the facts and issues of a client’s case with the facts and issues of a reported case is another step in the process of legal analysis.
Judicial History Facts Issues Rules Analysis Conclusion The Case Brief
Components of a Case Brief The six components of a case brief should be set forth as clearly separate sections of your “brief.” A case brief is really just a summary of the case.
The Writing Process • Thesis Paragraph • Topic Sentence • Editing and Revising • Keeping it Simple
The Legal Memorandum • Statement of Facts • Statement of Issues • Discussion/analysis • Conclusion
