Chapter Five

Using the Law:

Analysis and Legal Writing   

Introduction to Law, 4th EditionHames and Ekern

© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.2

Legal AnalysisThe process of comparing or aligning the facts of a client’s case with the elements of a statute is one step of legal analysis.

Comparing the facts and issues of a client’s case with the facts and issues of a reported case is another step in the process of legal analysis.

Introduction to Law, 4th EditionHames and Ekern

© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.3

The Case Brief (components)

Judicial History

Facts Issues

RulesAnalysisConclusion

Introduction to Law, 4th EditionHames and Ekern

© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.4

Components of a Case Brief

The six components of a case brief should be set forth as clearly separate sections of your “brief.” A case brief is really just a summary of the case.

Introduction to Law, 4th EditionHames and Ekern

© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.5

The Writing Process

Thesis Paragraph

Topic Sentence

Editing and Revising

Keeping it Simple

Introduction to Law, 4th EditionHames and Ekern

© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.6

The Legal Memorandum

Statement of Facts

Statement of Issues

Discussion/analysis

Conclusion