1. 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

2. 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

3. 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)

4. 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

5. 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?

6. 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

7. 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.

8. 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

9. 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

10. 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)

11. 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

12. 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

13. 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

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