Legal Methodology and Case Analysis
The method
Master a structured method: qualify the facts, identify the legal issue, state the rule, apply it, and conclude. Know how to read and cite legislation, case law and doctrine; how to distinguish ratio from obiter; and how to handle a question with several plausible answers. Understand the hierarchy of norms and the role of the Constitutional Court and the Court of Cassation.
Traps
- Qualification first: many errors come from applying the wrong branch of law; qualify before quoting rules.
- Obiter vs ratio: only the ratio binds; questions test the distinction.
- Silent facts: a well-posed question may lack a fact; state the assumption and its consequence.
- Over-answering: give the rule and the application; do not pad with unrelated law.
- Citation: cite accurately; a wrong reference undermines the answer.
Rule of thumb
Use IRAC (Issue, Rule, Application, Conclusion) and keep the application longer than the rule. If two answers are plausible, state both and explain which prevails and why; examiners reward reasoned choice over a bare assertion.
Worked example: A question asks whether a clause is valid. Qualify the clause (e.g., exclusion of liability), state the rule on validity, apply to the facts, and conclude. If the facts are silent on the clause's scope, state the assumption and its effect on the conclusion.