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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.).
Legal writing involves the analysis of fact patterns and presentation of arguments in documents such as legal memoranda and briefs. [1] One form of legal writing involves drafting a balanced analysis of a legal problem or issue. Another form of legal writing is persuasive, and advocates in favor of a legal position.
A fact pattern or fact situation is a summary of the key facts of a particular legal case, presented without any associated discussion of their legal consequences. [1]For example, at common law, "Murder is the killing of another human being with malice aforethought and without justification or excuse."
These study aids are generally summaries ("briefs") of the cases from the casebook to which it is "keyed," presenting them in the same order as the casebook. Often written by the same author who wrote the associated casebook, and published by the same company, "keyed" study aids are useful in distilling cases down to black-letter law .
A case theory (aka theory of case, theory of a case, or theory of the case) is “a detailed, coherent, accurate story of what occurred" involving both a legal theory (i.e., claims/causes of action or affirmative defenses) and a factual theory (i.e., an explanation of how a particular course of events could have happened). [1]
Legal research is "the process of identifying and retrieving information necessary to support legal decision-making. In its broadest sense, legal research includes each step of a course of action that begins with an analysis of the facts of a problem and concludes with the application and communication of the results of the investigation."
To set up the casebook method of law study, American law professors traditionally collect the most illustrative cases concerning a particular area of the law in special textbooks called casebooks. Some professors heavily edit cases down to the most important paragraphs, while deleting nearly all citations and paraphrasing everything else; a few ...
When a potential client has an interview with an attorney and tells of the legal problem, the attorney, or office paralegal, will review prior case law to find out if the client does indeed have a problem that has legal remedy. The formation of each case brief follows the same pattern: Facts, Issue, Rule, Analysis, Impact.
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