LEGAL REASONING, ANALYSIS AND WRITING UEL Dr Đào Gia Phúc COURSE OUTLINE 1 LEGAL ANALYSIS 2 CASE BRIEFS 3 LEGAL MEMORANDUM 4 ACADEMIC INTEGRITY 2Legal reasoning and analysis UEL Dr Đào Gia Phúc 1 FROM[.]
LEGAL REASONING, ANALYSIS AND WRITING UEL Dr Đào Gia Phúc Legal reasoning and analysis COURSE OUTLINE LEGAL ANALYSIS CASE BRIEFS LEGAL MEMORANDUM ACADEMIC INTEGRITY UEL Dr Đào Gia Phúc Legal reasoning and analysis FROM LEGAL ANALYSIS TO LEGAL MEMORANDUM UEL Dr Đào Gia Phúc Legal reasoning and analysis LEGAL ANALYSIS - What - Why is ‘Legal Analysis’? lawyers analyze legal questions? Dr Đào Gia Phúc Legal reasoning and analysis LEGAL ANALYSIS - Legal Analysis - Legal is not an ALIEN Mode of Thought! Analysis is based on a way of thinking that you use every day when you make decisions Dr Đào Gia Phúc Legal reasoning and analysis LEGAL ANALYSIS Ex: A boyfriend wants to know whether his girlfriend likes a lipstick for her birthday - The boyfriend’s Question: Will his girlfriend like the lipstick? Dr Đào Gia Phúc Legal reasoning and analysis LEGAL ANALYSIS Ex: A boyfriend wants to know whether his girlfriend likes lipstick for her birthday àBy the logical way of thinking: - Step 1: Sift through past experiences - Step 2: Form an understanding of why she liked some gifts and disliked others - Step 3: Apply that understanding to evaluate whether she will like the lipstick Dr Đào Gia Phúc Legal reasoning and analysis LEGAL ANALYSIS Steps are considered for Legal Analysis - Step 1: Find relevant laws and similar cases - Step 2: Analyze the law and cases to find the Rule - Step 3: Apply the Rule to predict the Outcome Dr Đào Gia Phúc Legal reasoning and analysis LEGAL ANALYSIS Ex: Your client has been sued under a law that reads: “If a dog injures a person without provocation, then the dog’s owner must pay the medical expenses of the injured person.” Your client’s dog scratched Bobby after he inadvertently stepped on the dog’s tail Bobby’s mom brought him to the doctor and send your client the bill Your client wants to know whether he must pay the bill Dr Đào Gia Phúc 10 Legal reasoning and analysis LEGAL ANALYSIS Ex: Your client has been sued under a law that reads: “If a dog injures a person without provocation, then the dog’s owner must pay the medical expenses of the injured person.” Questions: (1) Is a scratch an “injury”? (2) Is stepping on a dog’s tail by mistake “provocation”? Dr Đào Gia Phúc a Legal reasoning and analysis 72 PLAGIARISM What are ways that students plagiarize? a) Giving a short version of someone else’s ideas (summarizing) without a citation b) Presenting someone else’s tables, graphs, or images without proper attribution c) Expressing ideas from a text in different words (paraphrasing) without providing the source d) Using words or sentence “word-for-word” from the original text (quoting) without a citation e) All of above Dr Đào Gia Phúc Legal reasoning and analysis 73 PLAGIARISM What are ways to incorporate information into your assignment? a) Paraphrasing & Referencing b) Paraphrasing & Referencing List c) Paraphrasing & Quoting Dr Đào Gia Phúc Legal reasoning and analysis 74 Paraphrasing What is paraphrasing? a) You write another author’s ideas in your own words b) It’s a form of a direct quote that is shorter than a block quote Dr Đào Gia Phúc Legal reasoning and analysis 75 Paraphrasing How you paraphrase? a) You shorten the length of the original text b) You change the keywords and sentence structure of the original text Dr Đào Gia Phúc 76 Legal reasoning and analysis Paraphrasing A paraphrase is a restatement in your own words of an idea or item of information from the work of another person You must reference the source of paraphrase To paraphrase: - Change the structure of the sentence(s), and - Change words Dr Đào Gia Phúc Legal reasoning and analysis 77 Paraphrasing Changing the structure of a sentence: Read the relevant sentence(s) and make sure you understand the main idea Do not copy them down Put the material away and write your paraphrase from memory Ensure that you have changed the order of words To avoid accidental plagiarism, check what you have written against the original text You should check that your version is different and you have retained the original idea Dr Đào Gia Phúc 78 Legal reasoning and analysis Paraphrasing Changing the words: Circle the specialized words, i.e the words that the text is actually about They will need to included in your paraphrase without these words, the meaning of the paraphrase will change completely Underline the keywords that can be changed Find other words and phrases that have similar meanings that can be used to replace the keywords in the text Dr Đào Gia Phúc Legal reasoning and analysis 79 Paraphrasing, let’s practice! Original text The United States, Germany and Japan and other industrial nations are being transformed from industrial economies to knowledge and information-based service economies, whilst manufacturing has been moving to low wage countries In a knowledge and information-based economy, knowledge and information are the key ingredients in creating wealth (From: Laudon & Laudon (2000), Management information systems: managing the digital firm, p 31.) Dr Đào Gia Phúc 80 Legal reasoning and analysis Paraphrasing, let’s practice! Original text The United States, Germany and Japan and other industrial nations are being transformed from industrial economies to knowledge and information-based service economies, whilst manufacturing has been moving to low wage countries In a knowledge and information-based economy, knowledge and information are the key ingredients in creating wealth (Laudon & Laudon (2000), Management information systems: managing the digital firm, p 31.) Dr Đào Gia Phúc Legal reasoning and analysis 81 Paraphrasing, let’s practice! Paraphrase 1: The United States, Germany, Japan and other economies are being dramatically changed from industrial economies to knowledge and information based service economies as manufacturing shifts to countries where the wages are low cost In knowledge and information economies, knowledge and information are the focus in economic growth.(fn) Dr Đào Gia Phúc Legal reasoning and analysis 82 Paraphrasing, let’s practice! Paraphrase 2: As manufacturing has moved to economies where wages are low, developed countries such as the United States, Germany and Japan have had to turn to knowledge and information-based services to drive economic growth (fn) Dr Đào Gia Phúc 83 Legal reasoning and analysis Direct quotes In stead of changing the original text, direct quotes use exact words, in exactly the same order Should not be used very often, because it would mean that you are simply repeating the words of other people 02 types of Direct Quotes: - Short quotes: lines or less - Long quotes: more than line – a block quote Dr Đào Gia Phúc 84 Legal reasoning and analysis Direct quotes Short quotes: lines or less - Copy - Use the word exactly from the original source single/double quotation marks (“…”) at the beginning and the end of the quote -A footnote number should immediately follow the text to which it is relevant Ex: Ha states that “it is important to understand the basics of legal citation before starting to write an IRAC paper.”1 Dr Đào Gia Phúc 85 Legal reasoning and analysis Direct quotes Long quotes: more than lines – a block quote - Indented - Start - Are from the text margin on a new line introduced in the writing with a reporting word followed by a colon - Do not have quotation marks - Use a smaller text size than the body text Dr Đào Gia Phúc Legal reasoning and analysis 86 Direct quotes Long quotes: more than lines – a block quote Ex: There are a number of arguments regarding the best way to organize a legal discussion Ha proposes the following: The best framework for organizing a legal discussion in the IRAC method The basic structure is: Issue, Rule, Analysis, and Conclusion Simply put, begin your answer by stating the issue presented by the essay question The rule describes which law or test applies to the issue The analysis is most important, and the longest part of your answer The conclusion is your answer to the issue - state the result of your analysis.2Dr Đào Gia Phúc