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A More Rigorous Approach to Teaching the Reasoning Portion of Case Analysis: A Key to Developing More Competent Law Students

7 Pages Posted: 20 Jul 2014  

Edwin S. Fruehwald

Independent

Date Written: July 18, 2014

Abstract

The first skill that law schools teach their students is case briefing or, as I prefer to call it, case analysis. However, law schools often teach this skill superficially. In this paper, I present a more rigorous approach to case analysis, by including in the reasoning section the types of reasoning (rule-based reasoning, reasoning by analysis, distinguishing cases, policy-based reasoning, synthesis) a judge is using and how the judge employs these types of reasoning to obtain the holding.

Keywords: case analysis, legal writing, legal education

Suggested Citation

Fruehwald, Edwin S., A More Rigorous Approach to Teaching the Reasoning Portion of Case Analysis: A Key to Developing More Competent Law Students (July 18, 2014). Available at SSRN: https://ssrn.com/abstract=2468281 or http://dx.doi.org/10.2139/ssrn.2468281

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