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The central question of The Nature of the Judicial Process is how judges should decide cases. Cardozo's answer is that judges should do what they have always done in the Anglo-American legal tradition, namely, follow and apply the law in easy cases, and make new law in hard cases by balancing competing considerations, including the paramount value of social welfare.
In the IRAC method of legal analysis, the "issue" is simply a legal question that must be answered. An issue arises when the facts of a case present a legal ambiguity that must be resolved in a case, and legal researchers (whether paralegals, law students, lawyers, or judges) typically resolve the issue by consulting legal precedent (existing statutes, past cases, court rules, etc.).
This teaching method differs in two ways from the teaching methods used in most other academic programs: (1) it requires students to work almost exclusively with primary source material, which can be written in obscure or obsolete language for older cases; and (2) a typical American law school class is supposed to be a dialogue about the ...
[1] The casebook method is most often used in law schools in countries with common law legal systems, where case law is a major source of law. Most casebooks are authored by law professors, usually with two, three, or four authors, at least one of whom will be a professor at the top of his or her field in the area under discussion. New editions ...
Discovery, in the law of common law jurisdictions, is a phase of pretrial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from other parties. This is by means of methods of discovery such as interrogatories , requests for production of documents , requests for admissions and depositions .
Legal formalism is both a descriptive and normative theory of how judges should decide cases. [1] In its descriptive sense, formalists maintain that judges reach their decisions by applying uncontroversial principles to the facts; formalists believe that there is an underlying logic to the many legal principles that may be applied in different cases.
Statutory interpretation first became significant in common law systems, of which historically England is the exemplar. In Roman and civil law, a statute (or code) guides the magistrate, but there is no judicial precedent.
The case method evolved from the casebook method, a mode of teaching based on Socratic principles pioneered at Harvard Law School by Christopher C. Langdell.Like the casebook method the case method calls upon students to take on the role of an actual person faced with a difficult problem.