The Analysis Of Legal Cases
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The Analysis Of Legal Cases
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Author : Flora Di Donato
language : en
Publisher: Routledge
Release Date : 2021-03-31
The Analysis Of Legal Cases written by Flora Di Donato and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-31 with categories.
This book examines the roles played by narrative and culture in the construction of legal cases and their resolution. It is articulated in two parts. Part I recalls epistemological turns in legal thinking as it moves from theory to practice in order to show how facts are constructed within the legal process. By combining interdisciplinary paradigms and methods, the work analyses the evolution of facts from their expression by the client to their translation within the lawyer-client relationship and the subsequent decision of the judge, focusing on the dynamic activity of narrative construction among the key actors: client, lawyer and judge. Part II expands the scientific framework toward a law-and-culture-oriented perspective, illustrating how legal stories come about in the fabric of the authentic dimensions of everyday life. The book stresses the capacity of laypeople, who in this activity are equated with clients, to shape the law, dealing not just with formal rules, but also with implicit or customary rules, in given contexts. By including the illustration of cases concerning vulnerable clients, it lays the foundations for developing a socio-clinical research programme, whose aims including enabling lay and expert actors to meet for the purposes of improving forms of collective narrations and generating more just legal systems.
The Analysis Of Legal Cases
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Author : Flora Di Donato
language : en
Publisher: Routledge
Release Date : 2019-07-04
The Analysis Of Legal Cases written by Flora Di Donato and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-04 with Language Arts & Disciplines categories.
This book examines the roles played by narrative and culture in the construction of legal cases and their resolution. It is articulated in two parts. Part I recalls epistemological turns in legal thinking as it moves from theory to practice in order to show how facts are constructed within the legal process. By combining interdisciplinary paradigms and methods, the work analyses the evolution of facts from their expression by the client to their translation within the lawyer-client relationship and the subsequent decision of the judge, focusing on the dynamic activity of narrative construction among the key actors: client, lawyer and judge. Part II expands the scientific framework toward a law-and-culture-oriented perspective, illustrating how legal stories come about in the fabric of the authentic dimensions of everyday life. The book stresses the capacity of laypeople, who in this activity are equated with clients, to shape the law, dealing not just with formal rules, but also with implicit or customary rules, in given contexts. By including the illustration of cases concerning vulnerable clients, it lays the foundations for developing a socio-clinical research programme, whose aims including enabling lay and expert actors to meet for the purposes of improving forms of collective narrations and generating more just legal systems.
Case Analysis And Fundamentals Of Legal Writing
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Author : William P. Statsky
language : en
Publisher:
Release Date : 1977
Case Analysis And Fundamentals Of Legal Writing written by William P. Statsky and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1977 with Briefs categories.
Case Analysis And Statutory Interpretation
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Author : Robert C. Beckman (LL.M.)
language : en
Publisher:
Release Date : 2001
Case Analysis And Statutory Interpretation written by Robert C. Beckman (LL.M.) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Case method categories.
Legal Methods
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Author : JANE C.. LOUK GINSBURG (DAVID S.)
language : en
Publisher: Foundation Press
Release Date : 2020-06-25
Legal Methods written by JANE C.. LOUK GINSBURG (DAVID S.) and has been published by Foundation Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-25 with categories.
This updated casebook serves a course in introduction to legal reasoning. It is designed to initiate students in the legal methods of case law analysis and statutory interpretation. In a course of this kind, students should acquire or refine the techniques of close reading, analogizing, distinguishing, positing related fact patterns, and criticizing judicial and legislative exposition and logic. Law students' introduction to law can be unsettling: the sink or swim approach favored by many schools casts students adrift in a sea of substantive rules, forms and methods. By contrast, the Legal Methods course seeks to acquaint students with their new rhetorical and logical surroundings before, or together with, the students' first encounters with the substance of contracts, torts, or other first year courses. This approach may not only be user friendly; it should also prompt students to take a critical distance from the wielding of the methods. In this way, students may avoid (or at least broaden) the tunnel vision that so often afflicts beginning law students. The fifth edition features a substantially revised chapter on statutory interpretation. It not only highlights recent Supreme Court decisions, but also confronts students with statutory texts to construe independently of judicial exposition. The chapter also includes new sections on ordinary meaning, the use of dictionaries and corpus linguistics, and temporal problems in statutory interpretation.
Cracking The Case Method
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Author : Paul Bergman
language : en
Publisher:
Release Date : 2018
Cracking The Case Method written by Paul Bergman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Case method categories.
Cracking the Case Method is a concise and down-to-earth guide to the intellectual content of law school instruction, particularly in the first year. Readers will discover why and how law school instructors use appellate court cases as vehicles for teaching legal analysis. This book explains that legal analysis is a process by which judges and lawyers use argument (or rhetoric) to connect stories to legal conclusions, and reveals how to read judges' appellate court opinions as arguments rather than merely as sources of rules. To succeed in law school, students have to apply analytical skills to novel stories by crafting arguments of their own, both in class meetings and when answering final examination essay questions. This book promotes readers' ability to apply analytical skills by: Demonstrating how to "brief" cases in a way that captures both arguments and rules; Explaining and illustrating common types of arguments; Using actual law school classroom dialogues annotated by the authors to explain how instructors use classes to further law schools' goal of teaching argument skills; Setting forth effective final examination preparation strategies and techniques for crafting answers that demonstrate analytical skills; and Illustrating final exam strategies and techniques by providing actual law school final examination questions followed by model answers annotated by the authors. The subjects that readers will study in law school (whether rules of contracts or processes such as jury trials) all emanate from the Common Law Tradition. To further enhance readers' analytical understanding and skills, the book concludes with a chapter that provides a brief and colorful overview of this rich and fascinating tradition. The chapter includes comparisons to the common law tradition's Civil Law counterparts, enhancing the book's value to all readers.. If you want to achieve academic success in law school, this book provides you with the tools you need to Crack the Case Method. Reviews: "Law school study fundamentally differs from university study. Most first year law students therefore find the transition from college to law school difficult and bumpy. This book explains the differences and gives a thorough guide to what it takes to do well in law school, especially during that crucial first year. Students who want a significant edge over their classmates will read it before the first day of 1L. I wish I had." Alex Kozinski Chief Judge of the United States Court of Appeals for the Ninth Circuit "The Authors provide an accessible and often humorous guide to the Case Method. In addition to demystifying legal studies for the new student, the book provides a sound foundation for the future practitioner; the object of the Case Method, in the main, is to allow the application of legal principles to help clients resolve their problems." Hector G. Gallegos Partner and Head of Morrison & Foerster LLP's Los Angeles Litigation Department "Legal education and the legal profession are in the midst of a profound restructuring brought on by a revolution in technology and dramatic changes in the economy. In the midst of such change, Cracking the Case Method is a critically important work that will help all law students develop a lawyer's most important tool - using the venerable case method to carry out legal analysis and to hone their analytical skills - the essence of every lawyer's work. Cracking the Case Method is not an abstract academic exercise, but a nuts and bolts, how to approach to analysis that will train better lawyers and promote just results in our judicial system. The case method may be over 100 years old but how to use it as an effective tool for good lawyering has never been done like it is in these pages." Jeffrey S. Brand Dean and Professor of Law University of San Francisco School of Law"
Case Analysis And Statutory Interpretation
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Author : Robert C. Beckman
language : en
Publisher:
Release Date : 1992
Case Analysis And Statutory Interpretation written by Robert C. Beckman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with Law categories.
Concepts And Case Analysis In The Law Of Contracts
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Author : Marvin A. Chirelstein
language : en
Publisher: West Group Publishing
Release Date : 1998
Concepts And Case Analysis In The Law Of Contracts written by Marvin A. Chirelstein and has been published by West Group Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Law categories.
Recommended in over 100 schools, the Third Edition of Concepts & Case Analysis in the Law of Contracts is a brief primer that offers first-year law students a reliable overview of the major themes & leading cases in the field. This Contracts primer is vastly uncluttered - one that picks up the main themes in the first-year Contracts course, together with related cases.
Law Practice
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Author : Sylvia Mercado Kierkegaard
language : en
Publisher:
Release Date : 2013
Law Practice written by Sylvia Mercado Kierkegaard and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Judicial process categories.
"Law is a product and a producer of reason. Legal reasoning is an intellectual challenge whereby judges and lawyers find legal premises to argue their decisions or invalidate premises without bending logic. It is a topic of importance for lawyers and legal scholars and demands a great measure of logical rigour. It is not so simple. Legal reasoning involves various components such as analogy, legal culture, textual analysis, judicial discretion and historical development- taking all factors into consideration. Taking legal texts or legal precedent to argue a case or decide actual cases involves more than reaching the right judgement. "Law & Practice: Critical Analysis and Legal Reasoning" provides a comprehensive analysis of various areas of law, particularly legal reasoning and will assess research in law and analysing conclusions. This book will help move the debate of wide-ranging new problems and develop useful suggestions on these issues." -- back cover.
Economic Analysis Of Property Law Cases
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Author : Boudewijn R. A. Bouckaert
language : en
Publisher: Routledge
Release Date : 2020-03-02
Economic Analysis Of Property Law Cases written by Boudewijn R. A. Bouckaert and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-03-02 with Business & Economics categories.
The discipline of law and economics has earned a reputation for developing plausible and empirically testable theories on the social functions and the impact of legal institutions. Property rights are a field in which this has been very successful. In this book, economic property rights theories are applied to case law in order to examine the practice and solution of real life conflicts. The author examines the economic problems which are dealt with in these cases and evaluate the courts’ decisions from an economic angle. Cases are examined from across the UK, the US, Germany, Belgium and Canada to allow international comparisons to be made. These comparisons reveal that, regardless of the legal system, many legal issues have similar economic roots and therefore similar models of economic analysis can be applied. The analysis of these cases also shows that the discipline of law and economics is not only successful in developing explanatory models but also useful to generate better considerations and solutions for legal conflicts in individual cases. This book aims to bridge the gap between the academic and professional literature and demonstrate the benefits of the economic analysis of property rights cases to all those who are interested in law and economics.