1. LEGAL ANALYSIS
JOANNE HAMES

2. Contact Information

3. Course Objectives and Requirements
Reading
Writing
Exams
Review Text

4. Helpful Web sites http://www.courts.ca.gov/ http://lp.findlaw.com/
Google scholar

5. Legal Analysis What it is Example Analysis: Definition?
Analyzing a client’s dispute
Analyzing the law
Example

6. Class Approach to Legal Analysis
Basic concepts of American Law
How to Read and Brief a Case
How to apply a case to a factual situation
How to read and analyze statutory law
How to apply statutory law to a factual situation

7. Legal Analysis—IRAC/CRAC
Analyzing a client’s legal question or dispute
Identify the question or Issue (or Conclusion)
Read and understand applicable law or Rules
Apply the law to the issue
Reach a Conclusion

8. EXAMPLE
Smith was stopped because he was weaving from lane to lane. The officer thought he detected alcohol and asked Smith to perform field sobriety tests. When asked to stand on one foot, Smith fell. Smith refused to take a chemical test.
Legal Question or Issue?:

9. Cont.
Analyze the factual dispute (Important facts):

10. Applicable Law
(a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle. (b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

11. Apply the law to the facts
Following facts show that Smith was under the influence of alcohol:
Weaving
Odor of alcohol
Inability to perform tests
Refusal to take test
Officer stopped him while driving

12. Conclusion
Smith guilty of drunk driving

13. Legal Analysis and Paralegals
Necessary component of legal research and writing
Identifying client’s issue
Understanding the law or “rules”
Client and other interviews
Document review
Assisting with discovery

14. LEGAL ANALYSIS
Legal analysis involves applying the law to the facts and issues of a client’s problem and reaching a conclusion about the client’s rights and liabilities
Requires that you identify and understand
the facts related to the client’s problem
the issues in a client’s problem
the law that applies
This is a circular process

15. Identifying the facts Client interviews Document reviews
Third party interviews
[Need to know something about the law to identify the important facts]

16. Identifying the Issue Attorney question Often Requires legal knowledge
Relates to why client is seeking legal help

17. Example Recall “Smith” example: Change the facts:
Instead of weaving, Smith is involved in an accident in which driver of other vehicle is injured. Police are called, detect odor of alcohol, etc.
What is the issue?

18. Identifying and understanding the Law
Starting point for Legal Analysis
This is where we will start

19. Some Basic Concepts Types of Law Jurisdiction
Case Law and Stare Decisis
Administrative Regs
Constitutional Law

20. The “R” in IRAC-Rules Case Law Statutory Law Administrative Regs
Constitutional Law

21. State v. Federal
Each has all categories of law

22. Types of Analysis or Application—the A in IRAC
If law is case law, then facts and reasoning must be compared and/or contrasted with facts of your case
If law is statutory or constitutional, then statute must be broken down into elements and each element applied to facts.

23. Example: Case law
Factual dispute: Jones buys a used car. The brakes fail within a week and Jones is injured. Jones sues dealer based on strict liability.
Case Law: LaRosa is injured when a punch press malfunctions. The punch press was purchased as used. He sues seller of punch press for strict liability. Court of appeals says no strict liability

24. Example: Statutory Law
S and friends barge into a hotel room and demand that S’s property be returned to him. Some of the friends have guns.
P.C.211. Robbery is the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.

25. Example: Constitutional law
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated…(4th Amend.)
Police search the trunk of a car of a man stopped for speeding and find drugs

26. Legal Analysis—The starting point and end product
Starting: Reading and understanding controlling or applicable law
End Product:
Interoffice memorandum
Memorandum of Points and Authorities
Trial Brief
Appellate Brief

27. Legal Analysis--Case Law
What case law stems from--decision of a factual dispute by a court; based on common law
Concept of Stare Decisis
Once a factual dispute and issue have been resolved, the same rule applies to subsequent cases

28. Case Law/Stare Decisis
Case Law in American Law—Stare Decisis
Published decisions from appellate or supreme courts and
Published cases from higher court and
Published cases from same jurisdiction

29. JURISDICTION In Legal Analysis = State or Federal
Case authority must come from higher court in controlling jurisdiction
Look to nature of trial court

30. Federal Court System U.S. Supreme Court
(Decisions binding on all lower courts) 
U.S. Courts of Appeals (13 Circuits)
(Decisions binding on U.S. District Courts within same circuit)
U.S. District Courts (trial courts)
(Decisions not binding on other courts)

31. State Court System California Supreme Court
(Decisions binding on all California courts of appeals and superior courts) 
Calif. Courts of Appeals (6 Districts)
(Decisions binding on all superior courts)
Calif. Superior Courts (trial courts)
(Decisions not binding on other courts)

32. Published = Reported Supreme court cases (U.S. and State)
All published or reported
Appellate Courts
Decision to publish—deciding court
Higher court can review publication
Publication nullified if hearing granted in higher court
Trial courts
Publication is for interest only—never stare decisis

33. Publication in Electronic Age
Check online services for “unreported cases”

34. How Cases are Reported Book Format Electronic Format Federal Reporters
State Reporters
Electronic Format
Internet CD

35. Court Opinion v. Editorial Enhancements
Written by Judges
Public record—anyone can republish
Many court opinions found on Internet
Editorial Enhancements
Added by publisher
Subject to copyright protection
Found on Internet only in proprietary sites such as Westlaw and Lexis
Let’s look at Weirum in Appendix 252

36. Weirum
15 Cal.3d 40, 123 Cal. Rptr. 468

37. Case Reporting Process
Appellate Court issues written opinion
Publishers (usually West and Lexis Law Publishing) obtain court opinion and add editorial enhancements or features
Summary
Headnotes
Parallel citations
Case published (both in print and online through Lexis and Westlaw)

38. Official v. Unofficial Reporters
Official—either the gov’t or a publisher that contracts with gov’t
Same case law appears in both
Official is not better law, but courts require citations to this source

39. Primary Authority v. Secondary
Primary Authority--the law itself
Secondary Authority--explanation or discussion of law

40. Primary Authority Case law Statutes (Codes) Ordinances Constitutions
Administrative Regulations

41. Secondary Authority Treatises Dictionaries Periodicals Encyclopedias
Restatements

42. Mandatory Law v. Persuasive
Constitution, statutes from jurisdiction
Case law from higher courts in same juris.
Case law from fed cts of appeal of same circuit
Case law from Supreme court
Persuasive
Everything else
Read Weirum v. Rko pag 252
List authorities as
1. Primary or secondary
2. Mandatory or persuasive

43. Appeal Usually appellant v. appellee
Civil Case--Both parties usually have right to appeal once
Criminal Case--Defendant only can appeal; both sides could file writs

44. Writs Mandate or mandamus Habeas Corpus Certiorari/ Review
order from higher court to lower court or to administrative agency
Habeas Corpus
Usually criminal case; defendant claims unlawfully in custody; often looks like an appeal; allows defendant to ask for review more than one time
Certiorari/ Review

45. Understanding Case Law
What courts of appeals do
Review questions of law, not questions of fact
Apply statutory law
Apply constitutional law
Apply rule of stare decisis
compare facts of prior cases
follow cases with analogous facts and issues
distinguish cases with different facts

46. Reading a Case—Before you Begin
Understand publishing format
Understand special features
Have a legal dictionary handy—and use it!

47. Format of Typical Reported Case—
Common Features:
Case Name
Court
Date
Summary (usually added by publisher)
Headnotes (added by publisher)
Opinion (this is where you find case law)
Concurring Opinions
Dissenting Opinions

48. Special Features U.S. Supreme Court cases--Official syllabus
West Reporters--key numbering system
Official v. Unofficial reporters

49. West Key Number System
Method developed by West to allow indexing of cases
West creates a list of legal topics
All rules of law found in cases are assigned to one or more topics
Topics are subdivided into sections and given a key number
Topic and Key Number and Rule of law are placed in a headnote.

50. West Key Number—Print View
See sample pages

51. West Key Number—Westlaw View
West Headnotes
[1] KeyCite Notes A Products Liability    313AI Scope in General      313AI(B) Particular Products, Application to        313Ak57 k. Presses. Most Cited Cases Assuming that defect or defects in punch press which injured claimant were attributable to design or fabrication of the press by original manufacturer, seller of used punch press could not be deemed, in the requisite sense, an integral component of the enterprise which placed the press on the market and, thus, could not be held strictly liable for the original defect or defects. [2] KeyCite Notes A Products Liability    313AI Scope in General      313AI(A) Products in General        313Ak23 Persons Liable          313Ak23.1 k. In General. Most Cited Cases           (Formerly 313Ak23) The enterprise liability doctrine, which forces entrepreneur to include certain enterprise-related costs, such as costs of injuries caused by defective products, as part of cost of doing business, while superficially applicable to any merchant selling the product, by no means compels application of strict liability to dealers in used goods.

52. Understanding Case law
Starting point for legal analysis using cases, requires that you read and understand the case
First you must understand all terminology used by court
Briefing a case can help understand it

53. Briefing a case Summary of case
Breaking case into common component parts
Procedural history
Facts
Issues
Holdings
Rationale
Rules relied upon by court
Application of those rules

54. Case Brief—Alternative format
Judicial History (Procedural History)
Facts
Issue
Rules relied upon by Court
Application or Analysis of Rules
Conclusion

55. Review Brief

56. How to Successfully Read Cases
Have a dictionary
Brief case
Read a lot of cases
Be Patient

57. Analyzing a Case

58. Caption and Procedural History
Name of parties
citation
procedural history

59. Decoding the Caption Full names of parties and related actions
name of case is last name of first named party(appellant/petitioner) versus last name of first named appellee/respondent

60. Examples VICTOR A. RITA, PETITIONER v. UNITED STATES No. 06-5754
VICTOR A. RITA, PETITIONER v. UNITED STATES No
SUPREME COURT OF THE UNITED STATES
127 S. Ct. 2456; 168 L. Ed. 2d 203; 2007 U.S. LEXIS 8269; 75 U.S.L.W. 4471; 20 Fla. L. Weekly Fed. S 381
February 20, 2007, Argued June 21, 2007, Decided
127 S. Ct. 856
287 U.S. 45  

61. Special Vocabulary Et al In re Respondent Petitioner Disposition
juvenile matters
probate
Domestic
Respondent
Petitioner
Disposition
Per Curiam opinion
Plurality opinion
Certiorari
Inter alia

62. Special vocabulary--citations
Id.
Supra Cf
Et seq.

63. Citations
Bluebook
California
ALWD

64. Citation--Bluebook Rochester v. Tucker, 488 U.S. 960 (1992)
Case name Vol. Reporter/series Page (Circuit Date)
    
Smith v. Jones P.2d 62 (Ariz. Ct. App 1994)
Rochester v. Tucker, 488 U.S. 960 (1992)
Flynn v. Brown, 106 F.2d 987 (5th Cir. 1972)
Flynn v. Brown, 96 F. Supp. 456 (S.D.N.J. 1971)
SEE PAGE 12 IN TEXT

65. Citation—California Style Manual
Smith v. Jones (Ariz. Ct. App 1994) 101 P.2d 62
Allen v. Bates (1994) 34 Cal. App. 4th 376, 289 Cal. Rptr. 78
Rochester v. Tucker (1992) 488 U.S. 960

66. California Reporters Cal. California Reports
Cal. App. California Appellate Reports
Cal. Rptr. California Reporter
P. Pacific Reporter
LEXIS
D.A.R. Daily Appellate Reports

67. Federal Reporters U.S. United States Reports
S.Ct. Supreme Court Reporter
L.Ed. Lawyers Edition
F. Federal Reporter
F.Supp Federal Supplement
Lexis & WL

68. Procedural History
Nature and result of all proceedings that occurred PRIOR to case report you are reading

69. Appellate Process--Civil Cases
STATE FEDERAL
State Trial Court District Court
 
Appellate Court Circuit Ct. of Appeals
State Supreme Court  U.S. Supreme Court
(If Federal Issue) (Writ of Cert.)

70. Appellate Process--Criminal Cases
STATE FEDERAL
State Trial Court District Court
 
Appellate Court Ct. of Appeals
  
State Supreme Court  U.S. Supreme Court
(Certiorari)

71. PRIOR PROCEEDINGS VS. CURRENT PROCEEDING
Judicial History = Prior Proceedings
Examples:
Hill v. Crosby

72. Procedural History Prior Proceedings: Give complete details
Current Proceedings: Only tell who has appealed (or filed writ) and what court is hearing it; DO NOT give results of current proceedings in this part of brief.

73. Components of a Procedural History
Prior Procedings:
Trial court
Parties’ names
Relationship of Parties
Who sued whom
Result of trial court proceedings
I.e. Verdict, motion for summary judgment/other motion/dismissal
Who appealed

74. Procedural History cont.
If current proceeding is in Supreme court then also discuss appellate court proceedings:
Identify Court
Result of appeal
reverse/remand/affirm

75. Current Proceeding
The Judicial History has a brief statement about how the case arrived at the current proceeding:
i.e.
(If decision is appellate court decision, then “Plaintiff appealed.” or “Plaintiff filed a petition for writ of mandate, etc.”).
(If Supreme Court) then “Supreme Court granted a hearing.”
END JUDICIAL HISTORY HERE

76. Writing Judicial History
Refer to trial court as “trial court”
This is history--write in past tense and use complete sentences
State what courts did—Give a brief reason
Avoid word “contend”
DO NOT TELL WHAT CURRENT COURT DID--ONLY TELL HOW CASE GOT THERE

77. Judicial History Checklist—What to Include
1. Identify who sued whom
2. Describe the general nature of the suit in one sentence
3. Describe the procedures that occurred in the trial court
i.e. Were motions made?
Was there a jury/court trial? Who won?
4. If the case is in a state Supreme Court, explain what the appeals court did.
Affirm/reverse/remand
5. If the case is in the U.S. Supreme Court, on a writ from a state supreme court, what did the state supreme court do?

78. Notes on Writing Judicial History
Use verbs that describe something that the court does or that a party does in court:
Party:
Sue
File
Make a motion
Appeals
Petitions

79. Cont. Trial Court: Award judgment Jury returned a verdict
Granted Motion
Denied Motion
Appellate Court:
Affirm
Reverse
Remand
* Be sure to be specific as to what is affirmed or reversed