Thursday, April 21, 2016

Guidelines for Conducting Research



·         prepare and use and expanded outline

·         identify the issue

·         research the issues one at a time

·         become familiar with the area of law

·         locate the enacted law that governs the question

·         locate the common / case laws that may apply

·         make sure the research is current

·         if you reach a dead end, re-analyze the issue

Example of an Outline

Issue

Statement of Facts

Analysis / Application

·         Rule of Law - the rule of law that governs the issue - enacted / common law

Cases - court interpretation of rule

·         name and citation
·         brief summary of facts showing case in point
·         rule/principal/reasoning applied by the court that applies to client's case
·         application  discussion of how the rule of law presented in the court decision applies in the client's case

Counter Analysis

Conclusion

·         summary of the analysis







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