A Primer on Legal Analysis for Business Case Study Lauren Ross, J.D. Department of Business Law CSU Northridge Wayne Smith, Ph.D. Department of Management CSU Northridge

Contents “at a glance” Brief Review of Law Facts and “Rules of Construction” Statutory and Common Law Analysis Organization of the Discussion and Argument “Signposting” and Revising

Law Law and Policy The Hierarchy of Laws Interrelated topics At the organizational-level, we are interested primarily in improving the management of resources Increase Rewards, Reduce Risks Both quantitatively and qualitatively The Hierarchy of Laws Constitutions, statutes (ordinances), administrative regulations, and common (judge-made) law The Hierarchy and Jurisdiction of Courts Federal, State, Municipal Primary Authority (Binding) “the law” and official court records (e.g., UCC, CA Penal Code) Secondary Authority (Persuasive) Everything else (e.g., law reviews, restatements, academic journals)

Precedent and Stare Decisis Binding (same jurisdiction) or Persuasive (diff. jurisdiction) Stare Decisis “let the [prior, related] decisions stand” By understanding stare decisis, business professionals can predict how a court will decide similar issues in the future Organizations want the law (like everything else in professional life) to be… Predictable Understandable Efficient Consistent

Distilling Precedential Value from a Case Decision IRAC Methodology It’s not the only approach, but it’s straightforward and generalizable (list relevant facts first) Issue What legal question needs to be answered? Rule What law (statutes/common law) applies? Application How do you relate the rule to the facts? Conclusion What is the answer?

Facts Identify the legally significant facts Facts that are material Facts that make a case “turn” Identify key background facts Dates, times, places, direction, magnitude Organize the facts intelligibly Often chronologically, but never “by issue” Describe the facts accurately and objectively Don’t evaluate or embellish Be objective, but include “emotional” facts as needed

Basic Concepts of Legal Method How Rules are Constructed Elements of a Rule The Result and Its Relationship to the Elements Exceptions in a Rule Sub-Elements Focus only on questions within the scope of the problem In BUS 302, we identify the questions/issues In professional life, you (often) identify the questions/issues The key is to take a given rule and apply it to a unique set of facts.

Drafting the discussion Purpose Writing Role as student Intelligent, interesting, and creative Writing Role as professional Credible, compelling, and convincing Process Linear (“waterfall”) vs. Recursive (“spiral”) Identify and narrow issues Research Analyze and Organize Write Rewrite Audience Discussion towards organization/business value Argument towards prevailing in a formal tribunal or litigation process

Organizing the Discussion (part 1 of 2) For each issue, state your conclusion and set up your discussion of the issue in an introduction Be objective and candid Present strongest and most significant issues first For each issue, state your conclusion in terms of the law/rule/policy Describe the law relevant to your conclusion for each issue Start with the language of the rule (e.g., statute) Describe only the relevant law Describe the law in enough detail to enable your reader to understand the discussion Add at least one analogous (similar) fact from a previously-decided case that supports your argument Explain why the law supports your conclusion for each issue

Organizing the Discussion (part 2 of 2) Describe any reasonable counter-argument for each issue and state why it is unpersuasive Again, add at least one analogous (similar) fact from a previously-decided case that supports your counter-argument (but remember, this fact will be different from the fact used in 3b) Describe how the law supports the counter-argument for each issue Explain why the counter-argument does not change your conclusion for each issue (or sub-issue) Edit the discussion to include “signposts” (next slide)

Overview of “Signposting” Thesis Statements What is your conclusion? Appears no later than the first or second paragraph Paragraphs Approximately 4 to 8 sentences or perhaps ½ of a printed page Too many short paragraphs?->superficial or fragmented analysis Too few long paragraphs?->entangled or diffused ideas Topic Sentence What is the purpose (main idea) of your paragraph? Appears no later than the first or second sentence in each paragraph Can the topic sentences be extracted to form an outline—i.e., an extended table of contents? Transitions What are the relationships between ideas? Guide the reader—deliberately and intuitively

Relationship Between Ideas Transitional Words and Phrases Transitions Relationship Between Ideas Transitional Words and Phrases Similarity between the previous point and the next one Similarly, Also, In addition, Further, Furthermore, Moreover Difference between the previous point and the next one However, Nevertheless, Nonetheless, Although, On the other hand Enumeration of points First, second, third, etc. Causal relationship Consequently, Therefore, Thus, Because Temporal relationship Subsequently, Previously, Later, In the meantime, Then, Recently

Revising and Editing Be direct and precise Blend precision with simplicity Use verbs whenever possible to make your writing forceful Be concise Eliminate unnecessary information and repetition Edit intrusive or misplaced words and phrases Use correct grammar, punctuation, and spelling

Sources Dernbach, J., et al. (2007), A Practical Guide to Legal Writing and Legal Method, 3rd ed., Austin:Wolters Kluwer.