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
Date Written: July 18, 2014
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
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