legal case studies assignment help
Analyzing Legal Case Studies: A Comprehensive Guide
Such case studies have three objectives. First, to understand all the arguments a court considered when making a ruling and determine their relative weight. Second, with the help of subsequent reference, predict how a court that rules on similar issues in the future might decide. Third, using reference to similar cases and the proceeding below other cases, predict trial outcomes when you draft or respond to pleadings. The purpose of such case studies may also be for instructional needs to study precedent cases to determine the facts, issues, arguments, and holding. The research is conducted by analyzing a case as it proceeds through the court system and prior and subsequent related cases.
The case laws are discussed and explained by the author. The judgment of the court is analyzed with critical and constructive evaluation.
* Statutory law * Treaties * Cases * Restatement of the Law * Analysis of Subsequent Reference * Reference to Law Review Articles * Reference to the Digest * Rules of Civil Procedure and Evidence
Legal case studies or case-law analysis has gained significant importance in modern-day legal research and education. Many research-oriented institutions have started to assign legal case studies as a compulsory research exercise or classroom assignment. In legal case study analysis, case laws are scrutinized to learn about the application of law. Legal case studies scope the entire process of adjudication, from the framing of issues, going through the processes of the appellate procedures, discussing the reasons for a decision, etc. Primary and secondary authorities are cited in legal case studies to justify a position in a legal dispute. Any of the following elements can be a part of a legal case study:
Analyzing legal cases entails both empirical and theoretical dimensions. The identification of empirical dimensions enforces the application of methodologies to explore the observed evidence. The aim of the case analysis is to determine to what extent a theory developed through data collected in specific case-setting situations can be generalized to be used for developing new normative rules and organizational practices in future cases. Analytical frameworks arguably occupy formative status in any field of investigation: they articulate layers of investigation and weave epistemological and methodological predilections together. A good, thorough review of these approaches is extended in our review of legal techniques.
The analysis of legal cases and the development of theories based on case law are particular methodological operations. This encompasses a set of techniques and procedures, as well as specific standards used both in complex investigations of legal case data and in the development of theories based on these data. Research on cases and the application of various methods and techniques are closely identified in their procedural protocol. For instance, the primary form of evidence of a theory oriented on examining a specific category of phenomenon is a set of legal cases and practices (legal opinions) of court organizations. It is less important which of the organizations can be chosen as a source of data for the researcher. The only thing that is important is whether the cases or a set of cases included into the base of the discovered volume ensures the integrity, reliability, and validity of the developed theory, which is essential for being introduced as a lex generalis rules into the legal system of a specific jurisdiction.
Research methods and approaches
Case Background. Each case study analysis should include an analysis of the background of the case. Analysis of Legal Precedents. A thorough case study will also identify legal precedents that may have guided the court in its analysis. Factual Analysis. The relevant facts and factual analysis are a key part of the examination, as the goal of a legal case study is to help assessors determine if the analysis of facts was thorough, factually and logically correct, and whether there are other factual questions that need to be asked. Relevant parts may include the statement of case on appeal, unresolved factual disputes, details of the key testimony, whether the legal standard should be affected by factual findings, discrepancies between facts in the court’s opinion and the equal time of trial. Legal Reasoning. Each case study will also examine the court’s legal analysis. Petitioner and respondent may have different legal support for their legal analysis.
Understanding the key components of a legal case study analysis is key to thoughtful case analysis and the best scores. What makes a case analysis assignment a case analysis exercise in the first place – instead of some other written expression of thought – is the student’s identification and analysis of these key components. The relevant information is entirely contained in a judicial opinion issued by a court of competent jurisdiction. Making good use of headnotes by Westlaw or Lexis – small descriptive labels that head some paragraphs in a case report – is also of great help. This part of the analysis is not an assessment of correctness or incorrectness but rather of what specific content and other information that goes to decision was accessible to the court that decided the case.
At its most simple point, ethical responsibility in the context of teacher training (of students, attorneys, or other “readers” of cases) is to clarify that no viewpoint—either of clients or of theory (to which we often might be partial) is an absolute truth. At the very least, we must teach that to deny that any single viewpoint can be willful blindness. Of course, ethical responsibility also involves connecting case analysis with actual or possible social consequences. We know too little to do so—except at a highly speculative level. If our issue is responsibility, well, point it. Ask the question. If this a “normative point,” be sure to articulate the standard we might be failing to meet.
Considerations of confidentiality drive legal discourse at other levels too—discovering the truth in conflict requires the clear division of information. For example, the adversary system depends upon attorneys representing clients as aggressively as possible which, critical readers (like many law professors) know, involves privileging particular narratives and physically hiding their refutations. These and other ethical and discursive platforms are unavailable to those inquiring into lawyerly logic or into the aftermath of adversarial battles—what lawyers call “case law” but which we, as analysts, might want to approach in a manner adjacent to literary critics predisposed to nothing. Impartiality is just a simple example since, in legal practice, it is highly contested as is every aspect of narrative presentation. Our particular ethical responsibility is to design a response—a style of framing—that makes it plain that no single frame is self-evident—so in that sense no position is privileged.
Legal case study analysis raises distinctive ethical issues. For example, the professional responsibility of not revealing a client’s secrets is deeply embedded in legal practice. It may conflict with the academic professional obligation to fully disclose the facts on which an argument is based. When undertaken by attorneys, such fact-finding determines, in direct ways, the outcome of trial. This truth-pouring is not entirely disclosure of the analyst’s values but is largely that—how clients appear from an advocate’s point of view. Lawyers work from a compartmentalized machinery of fact representation.
Ethical considerations
The fourth section
When it is used as the major assignment of students, the case study heightens the student’s knowledge. It will typically require students to apply relevant common law and statutes and to predict outcomes based on facts of the situation. When the student has determined the relevant law, they must apply it to the facts of the case. If relevance is not present, the student will argue their own interpretation of the law, illustrated by referencing past cases. When applying legal case studies to further an attorney’s education, one of the best ways for him to gain more information on a particular topic is to research a few of the case studies conducted on the topic. As noted above, case studies include in-depth analysis of a single event or a particular topic. They are good research tools used to apply the available data about the particular topic in the real world.
Though the premise of this guide is to highlight the concept of a case study, it is important to take a brief moment to offer examples of real-life case studies. Having an example in mind can offer insight into the type of content recounted within an actual case study. Case studies applied in legal education will primarily apply real-life incidents, outcomes, or relevant laws to a given hypothetical. By doing so, the law student has a greater comprehension of the legal ramifications and choices present within that topic. Case studies in a legal education paper can thus be applied in numerous ways.
Case study examples and application in legal education:
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1. Businesses and organizations 2. Law firms – as educational and training materials for new or long-standing employees 3. Legal education 4. Local, state, or federal government agencies – for licensing or promotional tests, or increasing an employee’s knowledge and competence 5. Professional organizations
How legal case studies are internationally or nationally utilized:
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