Legal Analysis: The Fundamental Skill
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...
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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.
AcknowledgmentsPerspectivesCh. 1The Foundations of Legal Analysis3AStatutes4BCase Law5CHierarchy of Courts9DJurisdiction11ETypes of Authority13Ch. 2Rules19AIdentifying Rules in Case Law20BRule Synthesis22CTests24Ch. 3Case-Law Analysis33AAnalogical Analysis34BAnalogical Strategies43Ch. 4Statutory Analysis61AStep One - Construing the Statute62BStep Two - Application67Ch. 5Policy71ACase Law72BStatutes73CPolicy Arguments74Ch. 6Other Considerations81AJudicial Conservatism81BFairness84Ch. 7The Legal Argument89ACREAC89BFourteen Tips When Drafting CREAC96Conclusion107App. AInteroffice Memorandum109App. BPersuasive Memorandum of Law119App. CClient Letter131Glossary of Terms135Index141
