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One common technique is to provide almost all of the entire text of a landmark case which created an important legal rule, followed by brief notes summarizing the holdings of other cases which further refined the rule. Traditionally, the casebook method is coupled with the Socratic method in American law schools. [1]
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.).
Law school briefs are shorter than court briefs but follow a similar structure: presentation of issue, presentation of facts, presentation of legal and policy arguments and presentation of outcome. In the United States, the practice of briefing cases for study began at Harvard Law School in the fall of 1870 with the introduction of the case ...
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.
The prevalence of the casebook method in American law schools has given rise to a market for commercial study aids "keyed" to a particular casebook edition. [3] 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.
A table of points and authorities serves as a table of contents for the argument section of a brief, followed by a list of the cases and statutes upon which the brief relies. Some states require the authorities that appear in each section of the document to be listed in the order in which they appear. [ 4 ]
In the United States, in most law schools students must learn legal writing; the courses focus on: (1) predictive analysis, i.e., an outcome-predicting memorandum (positive or negative) of a given action for the attorney's client; and (2) persuasive analysis, e.g., motions and briefs. Although not as widely taught in law schools, legal drafting ...
If a case is not reported in the Law Reports, the next best report is the Weekly Law Reports (e.g. [2002] 2 WLR 1315), and then the All England Reports (e.g., [2002] 2 All ER 865). In some situations, it might be preferable to cite a specialist series, e.g., Rottman v MPC was also cited in the Human Rights Law Reports, at [2002] HRLR 32.