In retrospect, I realize that I in fact don't necessarily address this challenge head on in my book, aside from citing some of the suggestions on how to
analyze the facts and the law made by Maureen Fitzgerald in her Legal Problem Solving — Reasoning, Research & Writing (now in a 2010 5th ed from LexisNexis Canada).
Not exact matches
Thus the «internal morality» of the
law informs
and guides a judge even though the «external morality» (interests) of contending parties must remain of no concern to him.49 Fuller finds a «natural
law» rubric congenial for
analyzing this process, a
fact that bespeaks even more the degree of transcendency that the
law takes on.
Collect all the required data
and analyze these
facts properly so that you will know how your
law thesis will go.
To be a successful lawyer, a student must be able to
analyze the
facts of the case, find the applicable
law,
analyze and apply that
law to the
facts,
and then communicate that analysis, either through writing or speaking.
In
fact, the Carnegie Report's recommendation to this effect acknowledges that it is «building on the work already underway in several
law schools...» 49
And based on these experiences, a robust literature has developed extolling the virtues of integrating writing with doctrine.50 In reviewing this literature, a number of themes emerge: integration sends the right institutional message to students about the importance of writing in their legal careers and about the relationships between doctrine, analysis, and writing; 51 there is a strong connection between writing and thinking; 52 and writing is an integral part of the learning process.53 Integrating doctrine and writing therefore sends an explicit message that law students do not write in a vacuum, they always write about some legal doctrine, and they learn that doctrine better when they analyze it fully enough to be able to write about
And based on these experiences, a robust literature has developed extolling the virtues of integrating writing with doctrine.50 In reviewing this literature, a number of themes emerge: integration sends the right institutional message to students about the importance of writing in their legal careers
and about the relationships between doctrine, analysis, and writing; 51 there is a strong connection between writing and thinking; 52 and writing is an integral part of the learning process.53 Integrating doctrine and writing therefore sends an explicit message that law students do not write in a vacuum, they always write about some legal doctrine, and they learn that doctrine better when they analyze it fully enough to be able to write about
and about the relationships between doctrine, analysis,
and writing; 51 there is a strong connection between writing and thinking; 52 and writing is an integral part of the learning process.53 Integrating doctrine and writing therefore sends an explicit message that law students do not write in a vacuum, they always write about some legal doctrine, and they learn that doctrine better when they analyze it fully enough to be able to write about
and writing; 51 there is a strong connection between writing
and thinking; 52 and writing is an integral part of the learning process.53 Integrating doctrine and writing therefore sends an explicit message that law students do not write in a vacuum, they always write about some legal doctrine, and they learn that doctrine better when they analyze it fully enough to be able to write about
and thinking; 52
and writing is an integral part of the learning process.53 Integrating doctrine and writing therefore sends an explicit message that law students do not write in a vacuum, they always write about some legal doctrine, and they learn that doctrine better when they analyze it fully enough to be able to write about
and writing is an integral part of the learning process.53 Integrating doctrine
and writing therefore sends an explicit message that law students do not write in a vacuum, they always write about some legal doctrine, and they learn that doctrine better when they analyze it fully enough to be able to write about
and writing therefore sends an explicit message that
law students do not write in a vacuum, they always write about some legal doctrine,
and they learn that doctrine better when they analyze it fully enough to be able to write about
and they learn that doctrine better when they
analyze it fully enough to be able to write about it.
Like the three reports discussed above,
and, in
fact, drawing heavily on those reports, the curricular change literature generally takes the position that the case - dialogue method of pedagogy does not sufficiently prepare
law students to become practicing lawyers.74 While students learn basic case analysis skills through this method, they are usually not explicitly taught how to integrate those skills into a larger set of lawyering skills, in particular those identified as fundamental in the MacCrate Report.75 Further, while reading
and analyzing cases, the focus of most
law school classes, are important lawyering skills, they represent only a small portion of what lawyers actually do.76 Consequently, these commentators advocate for teaching legal skills as they are used in their real - world context, not merely as abstract ideas,
and for integrating theoretical analysis
and practical skills.77
These types of cases though, present many complex issues of
fact and law that must be
analyzed.
Then, users enter
facts about their case, like the judge, technology area,
law firm, or party,
and Docket Alarm
analyzes similar cases, generating graphical reports
and calculating your likelihood of success.
In
fact, a 2016 Altman Weil survey of 336 chief legal officers found that while 39 percent of
law departments report collecting
and analyzing management metrics to improve efficiency, only 6.6 percent say they get real value from those efforts.
Especially painful,
and very valuable:
Analyze the
fact patterns of MBE questions to make sure you know exactly how the rule of
law applies to the
facts.
Defence lawyer Joseph Neuberger extensively reviewed
and analyzed the disclosure during the comprehensive defence investigation which included obtaining source documents from various sources, including the family
law proceedings, to undermine crucial
facts attested to by the complainant.
Great lawyers, even great sub-specialists, can see
and analyze their clients» needs from the clients» three dimensional world of
facts and law.
One of the fun parts of being a lawyer (yet also one of the most challenging parts) is sorting through all of these decisions,
analyzing what
facts made the cases come out different,
and crafting an argument to suggest the black letter
law should be interpreted in your favor.
The unique
facts of each case must be
analyzed, the quality of the evidence that will be presented must be considered,
and the recent
and up to date
law relating to the offence
and sentencing must be applied.
They learn to read judicial opinions,
analyze the
law,
and then apply the
law to a set of
facts.
Attorneys are powerful negotiators who
analyze case
facts in light of the
law and construct arguments that best support a desired position.
Legal claims brought against a Sovereign State or its instrumentalities by a foreign investor under a bilateral or multilateral investment treaty, or a contract or a domestic investment
law, require a legal team of the highest international caliber: with great expertise in international
law, a deep understanding of the civil
and common
law systems, extensive experience in the various fora
and rules under which claims are raised, an enhanced capability to
analyze complex
facts and industries, broad language abilities,
and sensitivity to political
and cultural issues in the various regions of the world.
I have always liked this book
and use it in training, particularly for the sections on learning how to
analyze facts in legal problem solving
and then applying the
law to the
facts, often a challenge for rookie legal researchers.
Having its origins in a Stanford University
Law School
and Computer Science Department project, Lex Machina
analyzes data from a large number of sources
and instances
and, using a predictive algorithm, projects the outcome of a dispute constituted by a certain set of client
facts.
Professional Summary: Results - oriented
Law Clerk with 16 - plus - year hands - on experience in collecting
and analyzing legal data
and advising members of legal teams of precedent
facts of each case.
There are various other functions that are being performed by a Judicial
law clerk which includes tackling legal issues, helping with court proceedings,
analyzing legal documents to unearth
facts and statistics in legal issues, etc..