Legal Methodology and Case Analysis: Reasoning and Writing
The method
Legal methodology is the discipline of moving from facts to a justified conclusion. Master the structure of legal reasoning: qualification of the facts, identification of the applicable rule, interpretation of the rule, application to the facts, and conclusion. Know the methods of interpretation: literal, systematic, teleological, and historical, and the role of preparatory works and case law. Understand the doctrine of precedent in the civil law tradition: the authority of a judgment, the effect of a settled line of case law, and the possibility of distinguishing or overruling.
Case analysis
Learn to read a judgment in layers: the parties, the procedural history, the claims, the facts, the legal question, the reasoning, and the operative part. Distinguish the ratio decidendi from obiter dicta. Practise the syllogism: major premise (rule), minor premise (facts), conclusion. Know how to handle a gap or a conflict of norms: analogy, a contrario reasoning, and the hierarchy of norms.
Writing and argumentation
Structure your answer: state the question, the rule, the application, and the conclusion. Cite authority accurately and distinguish fact from law. Avoid conclusory statements; justify each step. When the law is uncertain, present the competing readings and explain which prevails and why.
Traps
Questions often test whether a given passage is ratio or obiter, or whether an analogy is legitimate. Watch for answers that jump to the conclusion without qualifying the facts.
Rule of thumb
Use IRAC: Issue, Rule, Application, Conclusion, and never skip the Application.