Legal Methodology, Reasoning and Case Analysis
The method
Legal reasoning follows a structured path: identify the facts, qualify them legally, find the applicable rule, apply it, and conclude. This is the syllogism: major premise (rule), minor premise (facts), conclusion. The skill tested is not memorisation but disciplined application.
Sources and interpretation
Know the hierarchy of sources and the methods of interpretation: literal, systematic, teleological, and historical. Precedent is persuasive, not binding, in civil law systems, but consistent case law matters. Doctrine informs but does not bind.
Case analysis
Read the facts for legally relevant elements. Separate what is disputed from what is admitted. Identify the procedural posture: who sues whom, for what, and before which court. Then check the elements of the claim one by one.
Structuring the answer
State the issue, the rule, the application, and the conclusion. Address counterarguments. Where the law is uncertain, say so and explain the competing readings rather than inventing certainty.
Traps
Candidates often jump to the conclusion without qualifying the facts, or apply a rule without checking its conditions. Another trap is ignoring the burden of proof: the party alleging a fact must prove it, subject to presumptions and reversed burdens.
Worked example
A tenant claims a rent reduction after a leak. Qualify: lease, defect, obligation of the lessor to deliver in good repair. Check whether the tenant notified the lessor, whether the defect is serious, and whether the rent reduction is proportionate. Conclude on that basis, not on general fairness.