4 RESEARCHING THE FACTS The fourth step in legal reasoning is to research the facts to which the law must be applied. In a real sense, it is misleading to suggest that factual research follows the process of analysis and synthesis described in the prior chapters. As should have been . . . Read more
3 SYNTHESIZING THE LAW The third step in legal reasoning is to synthesize the rules of law into a single coherent framework that can be applied to the facts. This requires that the lawyer determine the relationship that each rule bears to the others. In addition, legal reasoning at times . . . Read more
1 IDENTIFYING APPLICABLE LAW The first step in legal reasoning is to identify the law that is potentially applicable to a particular situation. Law is generally of two types. One type is case law or, as it is sometimes referred to in American courts, “common law.” This is law created . . . Read more