Chapter 2 THE STARTING POINT: ANALYZING FACTS AND IDENTIFYING LEGAL ISSUES CHAPTER OUTLINE 2-1 Introduction 2-2 Know and Analyze the 2-3 How to Sort the Facts of a Client’s Case 2-4 How to Compare Case Law Facts with Your Client’s Facts 2-5 Legal Issues 2-6 How to Identify the Legal Issues Issues in Your Client’s Case 2-7 How Issue Statements Are Written QUESTIONS FOR REVIEW AND ANSWERS 1. Why is the client’s factual situation so important? No legal research is productive until the researcher acquires a good picture of the client’s facts. 2. State and describe the three basic fact categories. Relevant Facts are absolutely essential. Explanatory Facts clarify the relevant facts. Legally Unimportant Facts play no role in the legal situation; they should be placed aside during legal research. 3. Explain the process for factual comparison. Factual comparison takes place after the researcher clarifies the client facts and locates case law that may be applicable to the client’s legal situation. The effective legal researcher works to locate case law that is as factually similar to the client facts as possible. This process involves looking for factual similarities, unknowns, and differences. 4. What is a legal issue? Legal issues are the specific legal questions raised by the facts. 5. How do you identify the issues in a case in trial pleadings have been filed? If pleadings have been filed in a case, go to the pleadings and read about the causes of action involved to help establish the issues. Issues are found in causes of action or affirmative defenses in pleadings. 6. How do you identify the issues in a case in which no pleadings have been filed? Legal research helps to identify legal issues. When in doubt, always ask your supervisor for initial guidance. 7. How do you identify issues in a reported case? Issues usually follow the judicial history in a reported case. Courts usually provide a clear indication of the issue—for example question before this court is “the ….”
Chapter 2 THE STARTING POINT: ANALYZING FACTS AND IDENTIFYING LEGAL ISSUES CHAPTER OUTLINE 2-1 Introduction 2-2 Know and Analyze the 2-3 How to Sort the Facts of a Client’s Case 2-4 How to Compare Case Law Facts with Your Client’s Facts 2-5 Legal Issues 2-6 How to Identify the Legal Issues Issues in Your Client’s Case 2-7 How Issue Statements Are Written QUESTIONS FOR REVIEW AND ANSWERS 1. Why is the client’s factual situation so important? No legal research is productive until the researcher acquires a good picture of the client’s facts. 2. State and describe the three basic fact categories. Relevant Facts are absolutely essential. Explanatory Facts clarify the relevant facts. Legally Unimportant Facts play no role in the legal situation; they should be placed aside during legal research. 3. Explain the process for factual comparison. Factual comparison takes place after the researcher clarifies the client facts and locates case law that may be applicable to the client’s legal situation. The effective legal researcher works to locate case law that is as factually similar to the client facts as possible. This process involves looking for factual similarities, unknowns, and differences. 4. What is a legal issue? Legal issues are the specific legal questions raised by the facts. 5. How do you identify the issues in a case in pleadings have been filed? If pleadings have been filed in a case, go to the pleadings and read about the causes of action involved to help establish the issues. Issues are found in causes of action or affirmative defenses in pleadings. 6. How do you identify the issues in a case in which no pleadings have been filed? Legal research helps to identify legal issues. When in doubt, always ask your supervisor for initial guidance. 7. How do you identify issues in a reported case? Issues usually follow the judicial history in a reported case. Courts usually provide a clear indication of the issue—for example “the question before this court is ….” trial
Solution-Manual-Legal-Research-Analysis-and-Writing-3rd-Edition-Hames.docx