Legal Analysis

It is so important to a paralegal, lawyer and law student to analyze the law. To simplify this matter, first show your knowledge of the rules of law you have learned by first quoting the rules. Then go through the facts, each fact given in the fact or hypothetical have some relevance. Show your intellect by taking the fact and matching it up with the elements required by the rules. Show how the fact either fits, and makes the case for the rule, or NOT. Then come up with your conclusion.

here is a nice summary:

Preliminary analysis: Analyze facts and frame the question

A. Objectives:

1. Learn jargon.
2. Learn blackletter law and locate basic statutes and cases.
3. Identify issues which may be answered readily through research.
4. Identify issues which need analysis after research.

B. Identify factual elements:

1. What is the THING or ACT involved?
2. Who are the PERSONS involved?
3. What is the PLACE involved?

For the factual elements, list all the words that might describe the particular fact from the most general to the most specific. These will help you both in constructing searches in books and online sources and in determining later what the important factual elements are. For example, a store may be described as property, private property, and private commercial property.

C. Identify legal elements :

1. What is the RELIEF being sought?
2. What is the PROCEDURE required?
3. What are the LEGAL THEORIES?

from Harvard Law School

good luck. Prof J.