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Case Law Analysis

Case law analysis is crucial in legal research, particularly in common law systems, as it involves studying judicial precedents to understand and interpret legal principles. The analysis includes examining facts, issues, relevant laws, contentions, and the final court decision, using various reasoning methods such as inductive, deductive, and analogical reasoning. This process helps in applying legal rules to specific situations and comparing cases to evaluate judicial approaches.

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18 views4 pages

Case Law Analysis

Case law analysis is crucial in legal research, particularly in common law systems, as it involves studying judicial precedents to understand and interpret legal principles. The analysis includes examining facts, issues, relevant laws, contentions, and the final court decision, using various reasoning methods such as inductive, deductive, and analogical reasoning. This process helps in applying legal rules to specific situations and comparing cases to evaluate judicial approaches.

Uploaded by

dharun5space
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Case law analysis =12 MARKS

Case analysis is a specific feature of legal research. One of the


important sources of law, especially in common law countries,
is judicial precedents. The study of decided case laws is integral
to legal research and principles
• Although in most legal systems, statutory law plays a far
more critical role in the day-to-day life of individuals than
cases decided by courts, many legal studies focus, wholly
or in part, on the understanding and analysis of cases.
• In addition, they often develop and express new legal
regulations. The fundamental reason for giving attention
to cases is that courts interpret statutes, constitutional
provisions and administrative regulations, explain earlier
court opinions on points of legal significance, and declare
the meaning and scope of the application of legal rules.
Purpose of Analysis
Analysis of cases is the process of identifying and
understanding legal principles. Cases may be analyzed for a
variety of purposes, which may include the following:
1. To see whether a court opinion based on a case applies to a
given fact situation.
2. To compare two or more or a series of cases to examine how
the courts have decided cases on specific legal issues.
3. To examine the ‘approach’ adopted by courts for critical
analysis and evaluation of the appropriateness
CONTENTS
Facts:
• Facts involves in depth analysis of all the parties of the
case, events gave rise to dispute, claims made by the
parties, how lower courts dealt with these claims and any
other relevant information which is important to
understand the base of the issues involved.
Issues:
• Provides details of all the issues considered by the court
while disposing the case.
• The issue may be issue of law or the facts.
This is very useful to understand the points around which the
whole discussion and legal analysis revolve
Law:
• Provides details of all the laws relevant for resolving and
analyzing the issues involved in the case.
Contentions:
• contentions are arguments made by both the parties to
understand the basis of the claims made.
Analysis:
• provides issue-wise analysis of all the legal aspects
discussed by the advocates and judges.
• It provides in depth information about the laws applicable,
their interpretation, their relation with the issues involved
and their impact of the same.
• Every law dealt with and declared by the judges has been
analysed in this section.
Conclusion:
• Provides information about the final decision given by the
court.
• It includes but not limited to guidelines issues, directions
givens, references made and final outcome.
STEPS INVOLVING IN LEGAL REASONING
• Issue – What specifically is being debated ?
• Rule – What legal rule governs this issue ?
• Facts – What are the facts relevant to this rule?
• Analysis – Apply the rule to the facts.
• Conclusion – Having applied the rule to the facts, what’s
the outcome?
TYPES
• INDUCTIVE REASONING
• DEDUCTIVE REASONING
• ANALOGICAL REASONING
INDUCTIVE REASONING
• In general, the process of inductive reasoning involves
making several observations and then formulating a
principle of general application.Inductive reasoning starts
with observations of the facts and arrives at a general
conclusion
• Thus, induction reasoning follows two processes:
observation and generalization.
• However, inductive reasoning cannot be conclusive.
Inductive reasoning is not about proof, but it is purely
about justification
DEDUCTIVE REASONING
• Deductive reasoning usually involves applying a general
rule, which may derive from a particular statute or case
and apply to a particular case and then draw a conclusion.
ANALOGICAL REASONING
• Analogical reasoning refers to noting similarities
between cases and adapting them to fit new
situations.
• Argument by analogy is common both to judicial
decisions and statutory interpretation.
• Analogical reasoning is one of the fundamental
principles of common law.
• In other words, analogical reasoning must satisfy
the requirement of formal justice that like cases
should be treated alike, but it does not mean that
two cases should be identical.

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