Enhancing Legal Reasoning: Applying Facts To Law

Applying facts to law is a crucial skill for law students and legal professionals alike. It involves identifying, understanding, and interpreting relevant facts in the context of applicable laws and legal principles. This process is essential for legal research, analysis, and decision-making. While it may seem daunting, there are several techniques and tools that can help improve one's ability to apply facts to law effectively. This includes understanding the key details and questions of the legal issue, conducting thorough legal research, and utilising frameworks such as IRAC (Issue, Rule, Application, Conclusion) to structure one's analysis.

Read carefully and define terms

Reading carefully and defining terms is a crucial step in applying facts to law, especially when preparing for law exams. Here are some tips to improve in this area:

Read Carefully

When reading statutes or rules, it is essential to proceed word by word, considering the meaning of each word and how it relates to the overall text. This meticulous approach ensures a thorough understanding of the statute and helps identify any nuances or complexities that may impact your analysis. Skimming or rushing through reading can lead to missing important details, which can affect your ability to apply the law accurately.

Understand the Context

Each rule or section is part of a cohesive scheme. Refer to related rules or sections of the code to gain a comprehensive understanding. If a statute mentions or refers to another section, look it up. By understanding the broader context, you can better interpret the specific rule or statute you are working with.

Define Terms

Many statutes provide definitions for certain terms. When encountering a defined term in a statute, it is crucial to locate and understand the provided definition. Apply this definition consistently throughout your analysis. Terms of art, or legal jargon, can have specific meanings within the context of the law, so ensure you are familiar with these terms and their implications.

Identify Material Facts

When applying the law to a specific situation, carefully identify the relevant facts. Not all facts may be pertinent to the legal issue at hand. Look for "material" facts that fit the elements of the rule you are working with. These are the facts that will be crucial to your analysis and will help you reach a conclusion.

Connect the Facts to the Rule

This step involves applying the identified facts to the relevant rule or statute. Think like a lawyer and bear the burden of proof for each fact you are trying to establish. Use the facts to prove your argument and connect them to the elements of the rule. Avoid making assumptions or taking anything for granted.

By following these steps and reading carefully while defining terms, you can improve your ability to apply facts to law effectively and accurately.

Refer to related rules and sections of the code

Referring to related rules and sections of the code is an important step in applying facts to law. This is because the law is based on existing rules, and an argument has no weight unless it cites the exact rule it relies on.

When interpreting a statute, it is important to refer to related rules or sections of the code. Each rule or section is part of a cohesive scheme, and may refer to other rules or sections. For example, 28 U.S.C. § 1367, Supplemental Jurisdiction, mentions other Rules which must be referred to in order to apply it. Therefore, if a statute refers to another section, it is important to look it up.

When applying the facts of a case to the law, it is important to refer to the specific rules and sections of the code that are relevant to the case. This involves identifying the material facts of the case, and then finding the rules and sections of the code that apply to those facts. For example, in a case of potential employment discrimination, the relevant facts may include that the plaintiff has not received a raise or promotion in 10 years, that there are men in the same role who have received raises and promotions during that time, and that the plaintiff is a woman. The relevant rule in this case is:

> It is unlawful to treat someone in a manner that negatively affects the terms and conditions of employment, if the affected person is in a 'protected class' and is treated differently from a 'similarly situated person' not in her protected class.

This rule has several elements, including "having the terms and conditions of employment affected", "being in a protected class", and "being treated differently from a similarly situated person". Each of these elements may have their own legal rules, which must be referred to in order to apply the rule to the facts of the case.

In addition to referring to specific rules and sections of the code, it is also important to understand the precedent in the relevant jurisdiction. This involves determining whether the precedent is controlling or merely persuasive, and whether there are any relevant cases that have been overruled or made irrelevant. This can be done using a citator, which provides a list of cases, statutes, and legal sources, along with their history and precedential value.

Connect facts to the rule

Connecting facts to the rule is a crucial step in legal reasoning and analysis. This process involves meticulously applying the relevant facts of a case to the governing legal rule or statute. Here are some detailed instructions on how to effectively connect facts to the rule:

Firstly, it is essential to carefully read and understand the rule or statute in question. Take the time to analyse each word and its relation to the rest of the statute. Familiarise yourself with any relevant key rules and statutes before attempting to apply them. This foundational knowledge will ensure a more accurate and comprehensive understanding of the rule and its application.

Next, identify the relevant facts of the case. This involves sifting through the details, placing them into context, and determining their significance and relevance to the legal issue at hand. It is important to start with a comprehensive set of facts to ensure no legal issues are overlooked. However, when writing your analysis, be purposeful and concise, including only the facts necessary to support your argument. Each fact should serve a specific purpose, such as proving or disproving an element of the case or providing essential background information.

Now, apply the facts to the rule. This is a critical step in "thinking like a lawyer." You must connect the dots between the facts of the case and the elements of the rule, ensuring that you use the facts to prove your argument. Do not take anything for granted, and be explicit in your writing. Demonstrate how each element of the rule is satisfied by the corresponding facts of the case, or how the facts may defeat an element of the rule. This process requires a careful and methodical approach to ensure that no key points are missed.

Finally, remember that legal reasoning is a step-by-step process. Each piece must be addressed, from identifying the issue and the governing rule to analysing the facts and reaching a conclusion. This systematic approach ensures that your legal argument is comprehensive and well-supported.

By following these steps and practising this technique, you will improve your ability to connect facts to the rule, enhancing your legal analysis and reasoning skills.

Show your work

When it comes to applying facts to law, showing your work is imperative. This means explicitly demonstrating how you reached your conclusions by connecting the facts of a case to the elements of the rule. Here are some ways to improve your ability to show your work when applying facts to law:

Understand the Legal Reasoning Process

All legal reasoning follows a specific path with distinct steps:

• Issue: Identify the specific legal issue being debated.
• Rule: Determine the legal rule that governs the issue.
• Facts: Establish the relevant facts pertaining to the rule.
• Analysis: Apply the rule to the facts.
• Conclusion: Determine the outcome based on the application of the rule to the facts.

Focus on the "A" Step of IRAC

IRAC is a technique used in legal analysis, which stands for Issue, Rule, Application, and Conclusion. The "A" step, Application, is crucial and often the most challenging. It requires you to apply the facts of the case to the legal rules presented. To master this step, ensure you:

• Analyse each fact and its relevance to the rule.
• Avoid making conclusory statements without supporting reasoning.
• Use the word "because" to explain your reasoning and connect the facts to the rule.

Develop a Systematic Approach

When applying facts to law, a meticulous, step-by-step approach is essential. Here are some specific steps to follow:

• Read carefully: Take your time to read and understand each word of a statute, considering its meaning and relation to the rest of the statute.
• Refer to related rules: Understand that each rule exists within a cohesive scheme. Look up and refer to any referenced sections or codes.
• Define terms: Identify and define any defined terms used in the statute.
• Connect the facts: Link the facts of the case to the elements of the rule. Use all the facts provided and avoid making assumptions.

Enhance Your Legal Research Skills

Strong legal research skills are crucial for applying facts to law effectively. Here are some ways to improve your legal research capabilities:

• Understand the key details: Before diving into research, gather and record critical details about your legal issue, such as who, what, when, where, and how.
• Establish your legal issue and goal: Use the critical information to pinpoint the specific legal issue and your desired outcome.
• Determine the relevant jurisdiction: Pay attention to the geographical location where your legal issue will be resolved and the applicable precedent.
• Utilise primary and secondary legal sources: Start your research with secondary sources, such as law reviews and journals, to gain background information and identify relevant primary sources, such as constitutions, statutes, and case law.
• Verify the validity of cases and statutes: Ensure that the cases and statutes you reference are still considered "good" law and have not been overruled or made irrelevant.

By following these guidelines and developing your legal analysis and research skills, you will be well on your way to improving your ability to apply facts to law and showing your work effectively.

Use the word because

Using the Word "Because"

The word "because" is a powerful tool when it comes to improving your legal analysis and writing. By inserting "because" into your sentences, you are forced to explain yourself and provide justifications for your arguments. This is particularly useful when applying facts to law, as it ensures that you explicitly connect the dots between the facts and the relevant legal rules or principles.

When making an argument, avoid abstract statements or conclusory statements that may prompt your professor or reviewer to ask, "Why?" Instead, use "because" to provide a clear rationale for your argument. For example, instead of stating, "Jacob was clearly confined," elaborate by saying, "Jacob was confined because Max threatened him and told him the door was locked, leading Jacob to reasonably fear disregarding Max's words and actions."

The use of "because" is especially effective in exam settings, where your writing style is less important, and the focus is on demonstrating your understanding of the material. By consistently using "because," you ensure that your arguments are explicit and supported by the relevant facts and legal rules.

In legal writing, it is crucial to show your work and provide a step-by-step breakdown of your analysis. This means connecting the facts of your case to the elements of the relevant rule or statute. By using "because," you can demonstrate this connection clearly and logically. For instance, in the example of Jacob and Max, the fact that Jacob voluntarily entered the bathroom is significant because it establishes his initial willingness to enter the space.

Additionally, when applying facts to law, it is important to be meticulous and thorough. Make sure to consider all relevant facts and address them in your analysis. By using "because," you can ensure that you are addressing each fact and explaining its relevance to the legal issue at hand. This helps to prevent "submarine arguments," where key elements of your argument remain hidden or implied, failing to earn you the desired points or convince your audience.

In conclusion, incorporating the word "because" into your legal writing and analysis is a simple yet effective technique to improve your application of facts to law. It encourages explicit and thorough explanations, strengthens your arguments, and helps you demonstrate your critical thinking and analytical skills.

Frequently asked questions