Legal case study methodology

Dit artikel wordt geciteerd in Introduction Such legal research employs an empirical method to draw inferences from observations of phenomena extrinsic to the researcher. Putting it simply, legal researchers often collect and then analyse material data that they have read, heard or watched and subsequently make claims about how what they have learned may apply in similar situations that they have not observed by inference.

Legal case study methodology

Issue[ edit ] 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.

For example, suppose the law required that a lawsuit had to be filed within one year of an allegedly negligent act. If the th day falls on a Legal case study methodology, then the issue would be whether or not the law counts weekends as part of its computation of the one-year time limit.

Would the plaintiff have to file by the preceding Friday? Would the law excuse the weekend and consider a Monday filing to be timely, even thought that would technically be the th day?

In order to answer the legal question issueone would move to the next letter in the IRAC acronym: The rule section of an IRAC is the statement of the rules pertinent in deciding the issue stated.

Rules in a common law jurisdiction derive from court case precedent and statute. The information included in the rules section depends heavily on the specificity of the question at hand.

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If the question states a specific jurisdiction then it is proper to include rules specific to that jurisdiction. Another distinction often made in the rule section is a clear delineation of rules that are in holdingand binding based on the authority of the hierarchy of the court, being ratio decidendiand being the majority ruling, or simply persuasive.

There are occasions when rules are adopted on the basis they are the only clearly articulated rules on the issue, in spite of being minority decisions, obiter dictaand from lower courts, in other jurisdictions, which have never been contradicted.

The rules help make a correct legal analysis of the issue at hand using the facts of the case. The rules section needs to be a legal summary of all the rules used in the analysis and is often written in a manner which paraphrases or otherwise analytically condenses information into applicable rules.

Application[ edit ] The Application or Analysis section of an IRAC applies the rules developed in the rules section to the specific facts of the issue at hand. This section uses only the rules stated in the rules section of the IRAC and usually utilizes all the rules stated including exceptions as is required by the analysis.

It is important in this section to apply the rules to the facts of the case and explain or argue why a particular rule applies or does not apply in the case presented. It is useful to think like a lawyer, arguing the facts of the matter from both sides while sticking to the rules before coming to a decision.

This section restates the issue and provides the final answer. Conclusion is a vital process where the final calls are distributed upon the previous cases and are redefined by the judge.

Legal case study methodology

It is from the facts that the issues are identified. It is the facts that lead to the identification of the most appropriate rules, and the rules which lead to the most useful way of construing the facts.

Analysis requires the interpretation of facts and rules. The conclusion is a decision based on the application of the rules to the facts for each issue.Outside of Harvard Law School, links to resources for educators implementing the case study method can be found on the Case Studies Program Resources page.

Listed are case study affiliates at Harvard, legal teaching and learning tools, tips for case teaching, and free case materials. This looseness in definition in a legal context may perhaps be linked to confusion as between teaching and research case studies; some traditions in legal education employ a teaching method known also as ‘case study method’ which operates quite differently from its research counterpart.

The case method eschews explanation and encourages exploration. In a course that relies entirely on the casebook, you will never come across a printed list of "laws." Indeed, you will learn that in many areas of law there is no such thing as a static set of rules, but only a constantly evolving system of principles.

IRAC (/ ˈ aɪ r æ k / EYE-rak) is an acronym that generally stands for: Issue, Rule, Application, and rutadeltambor.com functions as a methodology for legal analysis. The IRAC format is mostly used in hypothetical questions in law school and bar exams.

Legal case study methodology

What is a Case Study? Case studies are distinct research methods incorporated within the field of social science.

Case studies require the exhaustive evaluation in alignment with the studying of a person, a small group of individuals, a single situation, or a specific case. The Case Study Teaching Method It is easy to get confused between the case study method and the case method, particularly as it applies to legal education.

The case method in legal education was invented by Christopher Columbus Langdell, Dean of Harvard Law School from to

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