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Introduction to Step 2 PDF Print E-mail

Having learned the facts, you must now prepare to work out the facts' legal relevance. Your legal training and knowledge of the law will help a lot. But no-one can know all the law. If you cannot know all the law, how will you detect all the issues raised by your fact situation?

Experience suggests that most legal problems raise similar kinds of legally relevant facts and legal concepts.115 If you look for these kinds of facts and legal concepts in the facts you have collected in Step 1, you should be part-way to identifying the legal questions you must research.

We have provided some checklists to help you find the key facts and legal concepts you should look for in your problem.

115 See, for example, the 'TARP Rule' (Thing, Action, Relief, Parties) in J Myron Jacobstein et al, Fundamentals of Legal Research (7th ed, 1998) 16–7; and the 'SCARP approach' in Catriona Cook et al, Laying Down the Law (6th ed, 2005) 294–5.

 

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Read "Fundamentals of Legal Research"

Order J Myron Jacobstein et al, Fundamentals of Legal Research (9 ed, 2009)

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