Legal Analysis

IRACPhillips

Main objective is to analyze a factual situation

presented by a client and determine:1. What is the legal issue (question) raised 2. What law governs the legal issue3. How the law that governs the issue applies

to the facts of the case – and what remedies are available.

Legal Analysis & Research

ISSUE – Identification of the legal issue (question of law)

RULE – Identification of the law that governs the legal issue

ANALYSIS – Determination of how the rule of law applies to the legal issue

CONCLUSION – Summary of the results; determine remedies if any

4-Step Analysis Process

No! Not this

Iraq…

Issue

Rule

Analysis

Conclusion

Question of Law

Question of Fact

ISSUE

A question of law (also known as a legal issue) is a question which must be answered by applying relevant legal principles, by an interpretation of the law.

A question of fact, which must be answered by reference to facts and evidence and inferences arising from those facts.

Question of Fact v. Question of Law

To illustrate the difference:

Question of fact: Did Mr. and Mrs. Jones leave their 10 year-old child home alone with their baby for 4 days?

Question of law: Does leaving a baby with a 10-year old child for 4 days fit the legal definition of child neglect?

Rule of LawIdentify all applicable

law

Outline each element

Rule

Analysis/Application

Determine how the rule of law applies to the

legal issue

Consider possible counterarguments

Analysis

Elements of Rule

Fact of Case Analysis

Elements of Rule

Facts of Case

Proven True?

Analysis Chart

Summarize the results

Recap your analysis

Predict the court’s action

Conclusion

Before Analysis

•Gather all fact (KEY FACTS ONLY)•Preliminary legal research

Facts •Include all key facts in the legal issue

Issues •Separate ALL issues to analyze

things to remember

Mr. Hopkins walks out of Farm Fresh and finds Mr. Hodges yelling at Mr. Freeman. Mr. Hopkins begins taunting Mr. Hodges, encouraging him to hit Mr. Freeman. Eventually Mr. Hodges strikes Mr. Freeman, and the police are called to break up the fight. Mr. Freeman has asked you to represent him against Mr. Hopkins.

Let’s Try it Out

Mr. Hodges is yelling at Mr. Freeman in the parking lot of Farm Fresh

Mr. Hopkins is present at the scene and encourages Mr. Hodges to hit Mr. Freeman

Mr. Hodges strikes Mr. Freeman

KEY FACTS?

Battery – Crimes against persons Battery – contact with another in a manner

likely to cause bodily harmBattery generally requires:An offensive touching or contact is made

upon the victim, instigated by the actor OR

The actor intends or knows that his action will cause the offensive touching

Preliminary Research

Is a battery committed by an individual present at the scene of a battery, who encourages others to commit the battery but does not actively participate in the actual battery of a victim.

ISSUE

VA Code Battery:Battery exists when

The actor intends or knows that his action willcause the offensive touching

Rule

Elements of Rule

Facts of Case

Proven True?

The actor intends or knows

Mr. Hopkins encourages

Yes

His action Taunting Yes

Will cause offensive touching

Mr. Hodges hit Mr. Freeman

Yes

Analysis

How would you write this?

Remember – Predict the court’s action

Conclusion

PRACTICE WITH YOUR HYPOTHETICAL

Elements of Rule of common law

burglary

Facts of Case Proven True?

Breaking Forces open door with crowbar

YES

Entering Enters cabin YES

Of a dwelling Houseboat YES – If structure is used as a residence

(sleeps there regularly)

At night 12 Noon NO

With intent to commit a felony

Plan to steal expensive equipment

and pawn it

Yes

ANSWER

Statutes:

Case Law:

Authority