How to attack a legal scenario problem Flashcards
1
Q
Steps from class notes.
A
- Identify the important question(s) or issue(s) in the case
- Set out the applicable legal principle
- Analyze the particular case in conjunction with the applicable principle(s). Do not repeat the facts of the case. Rather, indicate facts only to the extent that they are relevant to the applicable principles, only in the context of your argument.
- Arrive at a reasonable conclusion supported by the preceding analysis
- Compose and recompose your argument until it reads very well
- Cases do not generally have one correct solution. Marks are awarded for the quality of your analysis, not for agreeing with your instructor.
2
Q
Steps:
A
- Identify the question being asked, or the problem most relevant to the question
- Identify the most important fact as they relate to step one
- Taking into account step 1 and 2. identify the key issue
- Set/list out the applicable legal principles as they relate to the issue.
- Analyze the facts as they relate to the legal principle.
- Arrive at a conclusion and articulate an argument.