legal analysis of business Firac
QUESTION
FACTS |
Summarize the relevant FACTS. Do not simply restate the scenario (even in your own words); instead, determine what facts are essential to solving the legal business problem the scenario poses and only include those. Any facts that you refer to in the application section of your paper should be stated first in the fact section. |
ISSUE |
Identify and state the legal ISSUE (or question that has to be decided), incorporating the relevant facts. It can be phrased as a question or as a statement, e.g., “The issue before the court is whether a defendant driver who ran a red light and struck the plaintiff, a pedestrian, while she was crossing the street in a cross-walk, is negligent and liable for her injuries.” |
RULE |
After you state the question that a court would need to decide if this case were litigated, you need to state the appropriate legal RULE (or rules) accurately and thoroughly, including all the elements or components of the rule, as well as any pertinent exceptions or defenses that will factor into your analysis. |
APPLICATION |
Use the rule as a legal checklist of each point you need to discuss as you APPLY the rule to the facts of the problem, demonstrating what specific information given in the problem proves each part of the appropriate rule. After you write this section, go back and compare it to your facts — any facts that you used in applying the legal rules also need to be in your fact statement. [Many students have told me that they rewrite their fact statement after writing the application!] |
CONCLUSION |
State your CONCLUSION in one or two sentences, but not as a lengthy paragraph that simply restates your whole paper as a way to increase your word count. Your conclusion should be the answer to the legal issue that you believe best resolves by the problem raised by the scenario. |
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