LAW 724 Lecture Notes - Lecture 1: Joost, United Nations General Assembly, International Law Commission
11 Mar 2016
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Document Summary
The ultimate goal of legal analysis is to find the legal rules and principles (e. g. , precedents, statutes, international treaties) that are relevant to the case, analyze them, and apply them to solve the case. Two fundamental tools for the legal analysis are: case analysis, statute analysis. Stare decisis: requires courts to follow prior decisions of courts from the same jurisdiction on similar cases. The first step of case analysis is to find similar cases that are persuasive or binding on the court. Similarity of cases is determined by referring to facts and issues. It"s a short well-structured summary and analysis of the case. It consists in a set of notes, presented in a systematic way, in order to sort out the parties, identify the issues, ascertain what was decided, and analyze the reasoning behind decision made by the courts. 3: holding, rule of law, reasoning, concurring/dissenting opinion. How to answer case questions: identify the legal issue.
