Legal Research and Case Briefing

Chapter 4

The textbook states that when reviewing a statute, to not limit our focus to a specific section.  It also tells us that when we find a statute that appears to apply, to not stop our research.

Would doing the above be a waste of time and energy to have to explore other sections of an act and to continue researching for other statutes?  Please explain why or why not?

Chapter 5

Why is using the FIRAC method so important versus just writing down your particular notes about a case?  Isn’t the point that you understand the case?

Answer preview

Each of the FIRAC method parts must be clearly stated in the case briefing to consider it complete. This method is very helpful compared to taking random notes about the case. It is because it serves as an analytical tool to accomplish case briefing (Putman & Albright, 2013). For example, the rules define the alternatives that the court had before the decision was made. Hence, it tells how the court approached the issues raised in the case. Therefore, it is possible to verify the case decisions as per the law. Furthermore, the FIRAC method is a unified model that can brief any case. It means that the results that this method gives are more consistent compared to random note-taking. Besides, the FIRAC method gives students or legal researchers a chance to understand the case. It is because this method provides a clear explanation of how the law got utilized in the case.

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Legal Research and Case Briefing