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Legal Analysis: The Fundamental Skill

NCJ Number
David S. Romantz; Kathleen E. Vinson
Date Published
159 pages
This book is a guide to mastering the skill of legal analysis.
The book demystifies legal analysis by examining the foundations and underlying methodology of legal reasoning, and by discussing the different levels of critical thinking necessary for developing a sophisticated legal analysis. Emphasis is on the importance of applying the law as opposed to mechanically memorizing the law surrounding specific issues or relying excessively on formulaic methods of analysis. The book: (1) examines statutes, common law, precedent, and stare decisis; (2) explains the function of rules in legal problems; (3) introduces the concept of analogical reasoning; (4) explains statutory analysis and reviews the rules of statutory construction; (5) discusses policy and examines how the law protects the public's interest; (6) addresses judicial conservatism; and (7) introduces an organizational format called CREAC. Each chapter includes practice exercises to reinforce material covered in the chapter. Numerous checklists within chapters summarize critical material. Notes, table, appendixes, glossary, index


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