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10 Cards in this Set
- Front
- Back
issue |
precise legal question raised by the specific facts of a dispute |
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analysis/application |
step in the process of applying rule of law to facts (step cannot take place w/out facts) |
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facts |
information concerning some thing, action, event, or circumstance |
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intellectual honesty |
to research and analyse a problem objectively |
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conclusion |
summation of how the law applies to the facts, a recap of the first three steps |
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research sequence |
1st locate the primary authority, 2nd read the annotations |
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focus |
when identifying the issue, keep focused on the facts of the clients case. when identifying the rule of law, keep focused on the facts of the case and the elements of the rule of law |
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rule of law |
legal research components of legal analysis. usually composed of two parts. the first part is locating the general law, such as a statute, that governs the question. second part is locating the law, such as a court opinion, that interprets how the general law applies to specific fact situation of the issue. |
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legal analysis |
process of identifying the issue or issues presented by a clients facts and determining what law applies and how it applies |
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IRAC |
acronym commonly used in reference to the legal analysis process. (the standard legal analysis process is the identification of the issue, followed by the presentation of the governing rule of law, application/analysis of the rule of law, and the conclusion) |