how to write a law case analysis paper

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How to write a case brief for law school: Excerpt reproduced from Introduction to the Study of Law: Cases and Materials ,

Third edition (lexisnexis 2009) by michael makdisi & john makdisi.

C. HOW TO BRIEF

The previous section described the parts of a case in order to make it easier to read and identify the pertinent information that you will use to create your briefs. This section will describe the parts of a brief in order to give you an idea about what a brief is, what is helpful to include in a brief, and what purpose it serves. Case briefs are a necessary study aid in law school that helps to encapsulate and analyze the mountainous mass of material that law students must digest. The case brief represents a final product after reading a case, rereading it, taking it apart, and putting it back together again. In addition to its function as a tool for self-instruction and referencing, the case brief also provides a valuable “cheat sheet” for class participation.

Who will read your brief? Most professors will espouse the value of briefing but will never ask to see that you have, in fact, briefed. As a practicing lawyer, your client doesn’t care if you brief, so long as you win the case. The judges certainly don’t care if you brief, so long as you competently practice the law. You are the person that the brief will serve! Keep this in mind when deciding what elements to include as part of your brief and when deciding what information to include under those elements.

What are the elements of a brief? Different people will tell you to include different things in your brief. Most likely, upon entering law school, this will happen with one or more of your instructors. While opinions may vary, four elements that are essential to any useful brief are the following:

(a) Facts (name of the case and its parties, what happened factually and procedurally, and the judgment)

(b) Issues (what is in dispute)

(c) Holding (the applied rule of law)

(d) Rationale (reasons for the holding)

If you include nothing but these four elements, you should have everything you need in order to recall effectively the information from the case during class or several months later when studying for exams.

Because briefs are made for yourself, you may want to include other elements that expand the four elements listed above. Depending on the case, the inclusion of additional elements may be useful. For example, a case that has a long and important section expounding dicta might call for a separate section in your brief labeled: Dicta. Whatever elements you decide to include, however, remember that the brief is a tool intended for personal use. To the extent that more elements will help with organization and use of the brief, include them. On the other hand, if you find that having more elements makes your brief cumbersome and hard to use, cut back on the number of elements. At a minimum, however, make sure you include the four elements listed above.

Elements that you may want to consider including in addition to the four basic elements are:

(e) Dicta (commentary about the decision that was not the basis for the decision)

(f) Dissent (if a valuable dissenting opinion exits, the dissent’s opinion)

(g) Party’s Arguments (each party’s opposing argument concerning the ultimate issue)

(h) Comments (personal commentary)

Personal comments can be useful if you have a thought that does not fit elsewhere. In the personal experience of one of the authors, this element was used to label cases as specific kinds (e.g., as a case of vicarious liability) or make mental notes about what he found peculiar or puzzling about cases. This element allowed him to release his thoughts (without losing them) so that he could move on to other cases.

In addition to these elements, it may help you to organize your thoughts, as some people do, by dividing Facts into separate elements:

(1) Facts of the case (what actually happened, the controversy)

(2) Procedural History (what events within the court system led to the present case)

(3) Judgment (what the court actually decided)

Procedural History is usually minimal and most of the time irrelevant to the ultimate importance of a case; however, this is not always true. One subject in which Procedure History is virtually always relevant is Civil Procedure.

When describing the Judgment of the case, distinguish it from the Holding. The Judgment is the factual determination by the court, in favor of one party, such as “affirmed,” “reversed,” or “remanded.” In contrast, the Holding is the applied rule of law that serves as the basis for the ultimate judgment.

Remember that the purpose of a brief is to remind you of the important details that make the case significant in terms of the law. It will be a reference tool when you are drilled by a professor and will be a study aid when you prepare for exams. A brief is also like a puzzle piece.

The elements of the brief create the unique shape and colors of the piece, and, when combined with other pieces, the picture of the common law takes form. A well-constructed brief will save you lots of time by removing the need to return to the case to remember the important details and also by making it easier to put together the pieces of the common law puzzle.

D. EXTRACTING THE RELEVANT INFORMATION: ANNOTATING AND HIGHLIGHTING

So now that you know the basic elements of a brief, what information is important to include under each element? The simple answer is: whatever is relevant. But what parts of a case are relevant? When you read your first few cases, you may think that everything that the judge said was relevant to his ultimate conclusion. Even if this were true, what is relevant for the judge to make his decision is not always relevant for you to include in your brief. Remember, the reason to make a brief is not to persuade the world that the ultimate decision in the case is a sound one, but rather to aid in refreshing your memory concerning the most important parts of the case.

What facts are relevant to include in a brief? You should include the facts that are necessary to remind you of the story. If you forget the story, you will not remember how the law in the case was applied. You should also include the facts that are dispositive to the decision in the case. For instance, if the fact that a car is white is a determining factor in the case, the brief should note that the case involves a white car and not simply a car. To the extent that the procedural history either helps you to remember the case or plays an important role in the ultimate outcome, you should include these facts as well.

What issues and conclusions are relevant to include in a brief? There is usually one main issue on which the court rests its decision. This may seem simple, but the court may talk about multiple issues, and may discuss multiple arguments from both sides of the case. Be sure to distinguish the issues from the arguments made by the parties. The relevant issue or issues, and corresponding conclusions, are the ones for which the court made a final decision and which are binding. The court may discuss intermediate conclusions or issues, but stay focused on the main issue and conclusion which binds future courts.

What rationale is important to include in a brief? This is probably the most difficult aspect of the case to determine. Remember that everything that is discussed may have been relevant to the judge, but it is not necessarily relevant to the rationale of the decision. The goal is to remind yourself of the basic reasoning that the court used to come to its decision and the key factors that made the decision favor one side or the other.

A brief should be brief! Overly long or cumbersome briefs are not very helpful because you will not be able to skim them easily when you review your notes or when the professor drills you. On the other hand, a brief that is too short will be equally unhelpful because it lacks sufficient information to refresh your memory. Try to keep your briefs to one page in length. This will make it easy for you to organize and reference them.

Do not get discouraged. Learning to brief and figuring out exactly what to include will take time and practice. The more you brief, the easier it will become to extract the relevant information.

While a brief is an extremely helpful and important study aid, annotating and highlighting are other tools for breaking down the mass of material in your casebook. The remainder of this section will discuss these different techniques and show how they complement and enhance the briefing process.

Annotating Cases

Many of you probably already read with a pencil or pen, but if you do not, now is the time to get in the habit. Cases are so dense and full of information that you will find yourself spending considerable amounts of time rereading cases to find what you need. An effective way to reduce this time is to annotate the margins of the casebook. Your pencil (or pen) will be one of your best friends while reading a case. It will allow you to mark off the different sections (such as facts, procedural history, or conclusions), thus allowing you to clear your mind of thoughts and providing an invaluable resource when briefing and reviewing.

You might be wondering why annotating is important if you make an adequate, well-constructed brief. By their very nature briefs cannot cover everything in a case. Even with a thorough, well-constructed brief you may want to reference the original case in order to reread dicta that might not have seemed important at the time, to review the complete procedural history or set of facts, or to scour the rationale for a better understanding of the case; annotating makes these tasks easier. Whether you return to a case after a few hours or a few months, annotations will swiftly guide you to the pertinent parts of the case by providing a roadmap of the important sections. Your textual markings and margin notes will refresh your memory and restore specific thoughts you might have had about either the case in general or an individual passage.

Annotations will also remind you of forgotten thoughts and random ideas by providing a medium for personal comments.

In addition to making it easier to review an original case, annotating cases during the first review of a case makes the briefing process easier. With adequate annotations, the important details needed for your brief will be much easier to retrieve. Without annotations, you will likely have difficulty locating the information you seek even in the short cases. It might seem strange that it would be hard to reference a short case, but even a short case will likely take you at least fifteen to twenty-five minutes to read, while longer cases may take as much as thirty minutes to an hour to complete. No matter how long it takes, the dense material of all cases makes it difficult to remember all your thoughts, and trying to locate specific sections of the analysis may feel like you are trying to locate a needle in a haystack. An annotation in the margin, however, will not only swiftly guide you to a pertinent section, but will also refresh the thoughts that you had while reading that section.

When you read a case for the first time, read for the story and for a basic understanding of the dispute, the issues, the rationale, and the decision. As you hit these elements (or what you think are these elements) make a mark in the margins. Your markings can be as simple as “facts” (with a bracket that indicates the relevant part of the paragraph). When you spot an issue, you may simply mark “issue” or instead provide a synopsis in your own words. When a case sparks an idea — write that idea in the margin as well — you never know when a seemingly irrelevant idea might turn into something more.

Finally, when you spot a particularly important part of the text, underline it (or highlight it as described below).

With a basic understanding of the case, and with annotations in the margin, the second read-through of the case should be much easier. You can direct your reading to the most important sections and will have an easier time identifying what is and is not important. Continue rereading the case until you have identified all the relevant information that you need to make your brief, including the issue(s), the facts, the holding, and the relevant parts of the analysis.

Pencil or pen — which is better to use when annotating? Our recommendation is a mechanical pencil. Mechanical pencils make finer markings than regular pencils, and also than ballpoint pens. Although you might think a pencil might smear more than a pen, with its sharp point a mechanical pencil uses very little excess lead and will not smear as much as you might imagine. A mechanical pencil will also give you the freedom to make mistakes without consequences. When you first start annotating, you may think that some passages are more important than they really are, and therefore you may resist the urge to make a mark in order to preserve your book and prevent false guideposts. With a pencil, however, the ability to erase and rewrite removes this problem.

Highlighting

Why highlight? Like annotating, highlighting may seem unimportant if you create thorough, well-constructed briefs, but highlighting directly helps you to brief. It makes cases, especially the more complicated ones, easy to digest, review and use to extract information.

Highlighting takes advantage of colors to provide a uniquely effective method for reviewing and referencing a case. If you prefer a visual approach to learning, you may find highlighting to be a very effective tool.

If annotating and highlighting are so effective, why brief? Because the process of summarizing a case and putting it into your own words within a brief provides an understanding of the law and of the case that you cannot gain through the process of highlighting or annotating.

The process of putting the case into your own words forces you to digest the material, while annotating and highlighting can be accomplished in a much more passive manner.

What should you highlight? Similar to annotating, the best parts of the case to highlight are those that represent the needed information for your brief such as the facts, the issue, the holding and the rationale.

Unlike annotating, highlighting provides an effective way to color code, which makes referring to the case even easier. In addition, Highlighters are particularly useful in marking off entire sections by using brackets. These brackets will allow you to color-code the case without highlighting all the text, leaving the most important phrases untouched for a more detailed highlight marking or underlining.

Highlighting is a personal tool, and therefore should be used to the extent that highlighting helps, but should be modified in a way that makes it personally time efficient and beneficial. For instance, you might combine the use of annotations in the margins with the visual benefit of highlighting the relevant text. You may prefer to underline the relevant text with a pencil, but to use a highlighter to bracket off the different sections of a case. Whatever you choose to do, make sure that it works for you, regardless of what others recommend. The techniques in the remainder of this section will describe ways to make full use of your highlighters.

First, buy yourself a set of multi-colored highlighters, with at least four, or perhaps five or six different colors. Yellow, pink, and orange are usually the brightest. Depending on the brand, purple and green can be dark, but still work well. Although blue is a beautiful color, it tends to darken and hide the text.

Therefore we recommend that you save blue for the elements that you rarely highlight.

For each different section of the case, choose a color, and use that color only when highlighting the section of the case designated for that color. Consider using yellow for the text that you tend to highlight most frequently. Because yellow is the brightest, you may be inclined to use yellow for the Conclusions in order to make them stand out the most. If you do this, however, you will exhaust your other colors much faster than yellow and this will require that you purchase an entire set of new highlighters when a single color runs out because colors such as green are not sold separately. If instead you choose to use yellow on a more frequently highlighted section such as the Analysis, when it comes time to replace your yellow marker, you will need only to replace your yellow highlighter individually. In the personal experience on one of the authors, the sections of cases that seemed to demand the most highlighter attention were the

Facts and the Analysis, while the Issues and Holdings demanded the least. Other Considerations and

Procedural History required lots of highlighting in particular cases although not in every case.

Experiment if you must, but try to choose a color scheme early on in the semester and stick with it. That way, when you come back to the first cases of the semester, you will not be confused with multiple color schemes. The basic sections of a case for which you should consider giving a different color are:

• Procedural History

• Issue (and questions presented)

• Holding (and conclusions)

• Analysis (rationale)

• Other Considerations (such as dicta)

Not all of these sections demand a separate color. You may find that combining Facts and Procedural History or Issues and Holdings works best. Furthermore, as mentioned above, some sections may not warrant highlighting in every case (e.g., dicta probably do not need to be highlighted unless they are particularly important). If you decide that a single color is all that you need, then stick to one, but if you find yourself highlighting lots of text from many different sections, reconsider the use of at least a few different colors. Highlighters make text stand out, but only when used appropriately. The use of many colors enables you to highlight more text without reducing the highlighter’s effectiveness. Three to four colors provides decent color variation without the cumbersomeness of handling too many markers.

Once you are comfortable with your color scheme, determining exactly what to highlight still may be difficult. Similar to knowing what to annotate, experience will perfect your highlighting skills. Be careful not to highlight everything, thus ruining your highlighters’ effectiveness; at the same time, do not be afraid to make mistakes.

Now that we have covered the basics of reading, annotating, highlighting, and briefing a case, you are ready to start practicing. Keep the tips and techniques mentioned in this chapter in mind when you tackle the four topics in the remainder of this book. If you have difficultly, refer back to this chapter to help guide you as you master the case method of study and the art of using the common law.

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Writing Effective Legal Case Briefs for Law Students

How to write a case brief, complete with examples.

tl;dr - Case briefs help your understanding of legal concepts and enable you to better prepare for exams. Here are some example case briefs .

As a new law student, one of the essential skills you need to develop is the ability to write effective legal case briefs. A case brief is a concise summary of a legal case that highlights the key issues, legal principles, and holdings of the court. Writing a good case brief can help you better understand the law, prepare for class discussions and exams, and become a more effective legal professional. In this article, we'll explore the key elements of a good legal case brief and provide some tips on how to write one effectively.

Legal case briefs are an essential tool for you as a law student, as they provide a concise and organized summary of a court case. Case brief examples serve as a means for you to understand the facts, issues, and legal principles underlying a court decision, and are crucial in helping you develop analytical and critical thinking skills.

One of the primary reasons why case briefs are important for you is that they help you understand the law in a practical and applied manner. In law school, you study legal principles and concepts in a theoretical sense. However, case briefs provide a means for you to see how these principles are applied in real-world situations. By analyzing and dissecting court decisions, you are able to gain a better understanding of how legal principles and concepts are applied in practice. For example, case brief examples of landmark cases like Marbury v. Madison or Brown v. Board of Education can help you understand the historical and legal significance of these cases.

Understand the Structure of a Legal Case Brief

Before we dive into the details of how to write a good legal case brief, it's important to understand its structure. A typical legal case brief, such as the examples of case briefs available on LSD , includes the following sections:

• Title and Citation: This section includes the name of the case, the court that decided the case, and the citation (i.e., the reference that identifies where the case is published).
• Facts: This section provides a brief summary of the key facts of the case, including who the parties are, what they did, and how the case came to court.
• Issues: This section identifies the legal issues that the court was asked to decide, and focuses on the questions that the court addressed in its decision.
• Holding: This section summarizes the court's decision on the legal issues presented in the case.
• Analysis: This section provides an explanation of the court's reasoning in arriving at its holding, including the legal principles and rules that the court relied on.

Focus on the Key Facts and Issues

When writing a case brief, it's important to focus on the key facts and legal issues presented in the case. You should avoid including unnecessary details or information that is not relevant to the legal issues. Instead, focus on the facts and issues that are essential to understanding the court's decision. This is evident in many examples of case briefs written by legal professionals.

Identify the Legal Principles and Rules

In addition to focusing on the key facts and issues, it's important to identify the legal principles and rules that the court relied on in arriving at its decision. This will help you understand the court's reasoning and the legal principles that are relevant to the case. Many examples of case briefs available online also highlight the legal principles and rules that were applied in a particular case.

Use Clear and Concise Language

A good legal case brief should be written in clear and concise language, as seen in examples of case briefs written by legal professionals. You should avoid using legal jargon or technical terms that may be difficult for a layperson to understand. Instead, use plain language that accurately conveys the meaning of the court's decision.

Be Organized and Structured

To make your case brief more effective, it's important to be organized and structured in your writing. Use headings and subheadings to separate different sections of your brief, and make sure that each section flows logically from one to the next. This is evident in many examples of case briefs available online, which are organized and structured in a clear and logical manner.

So, what’s the point?

Developing analytical and critical thinking skills.

Writing case briefs helps you develop analytical and critical thinking skills. By analyzing court decisions and identifying key facts, issues, and legal principles, you are practicing your ability to think critically and to identify relevant legal issues. Case briefs provide a practical way to develop these skills and apply them to real-world legal problems.

To further develop your analytical and critical thinking skills, you can practice writing your own case briefs. Take a recent court decision and write a brief that summarizes the key facts, issues, and legal principles involved. This will help you become more proficient at identifying relevant information and organizing it in a structured manner.

Preparing for Class and Exams

In addition to being a valuable tool for developing analytical skills, case briefs also help you prepare for class discussions and exams. As you read cases and write briefs, you are gaining a deeper understanding of the law and the reasoning behind court decisions. This knowledge will help you participate more effectively in class discussions and will also help you prepare for law school exams.

To get the most out of case briefs when preparing for exams, you can practice writing case briefs for cases that you studied throughout the year, or to hypotheticals from past exams. This will help you apply the analytical skills you've developed to new situations and ensure that you are able to communicate your understanding of legal principles effectively.

In conclusion, case briefs are an essential tool for law students as they provide a practical application of legal principles, help develop analytical and critical thinking skills, and aid in preparing for class discussions and exams. By studying case brief examples, practicing writing your own briefs, and developing a deep understanding of the law in context, you can become a more proficient and effective student and legal professional. For examples, check out LSD's case brief database .

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Organizing Your Social Sciences Research Assignments

• Annotated Bibliography
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• Reviewing Collected Works
• Writing a Case Analysis Paper
• Writing a Case Study
• About Informed Consent
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• Generative AI and Writing
• Acknowledgments

Definition and Introduction

Case analysis is a problem-based teaching and learning method that involves critically analyzing complex scenarios within an organizational setting for the purpose of placing the student in a “real world” situation and applying reflection and critical thinking skills to contemplate appropriate solutions, decisions, or recommended courses of action. It is considered a more effective teaching technique than in-class role playing or simulation activities. The analytical process is often guided by questions provided by the instructor that ask students to contemplate relationships between the facts and critical incidents described in the case.

Cases generally include both descriptive and statistical elements and rely on students applying abductive reasoning to develop and argue for preferred or best outcomes [i.e., case scenarios rarely have a single correct or perfect answer based on the evidence provided]. Rather than emphasizing theories or concepts, case analysis assignments emphasize building a bridge of relevancy between abstract thinking and practical application and, by so doing, teaches the value of both within a specific area of professional practice.

Given this, the purpose of a case analysis paper is to present a structured and logically organized format for analyzing the case situation. It can be assigned to students individually or as a small group assignment and it may include an in-class presentation component. Case analysis is predominately taught in economics and business-related courses, but it is also a method of teaching and learning found in other applied social sciences disciplines, such as, social work, public relations, education, journalism, and public administration.

Ellet, William. The Case Study Handbook: A Student's Guide . Revised Edition. Boston, MA: Harvard Business School Publishing, 2018; Christoph Rasche and Achim Seisreiner. Guidelines for Business Case Analysis . University of Potsdam; Writing a Case Analysis . Writing Center, Baruch College; Volpe, Guglielmo. "Case Teaching in Economics: History, Practice and Evidence." Cogent Economics and Finance 3 (December 2015). doi:https://doi.org/10.1080/23322039.2015.1120977.

How to Approach Writing a Case Analysis Paper

The organization and structure of a case analysis paper can vary depending on the organizational setting, the situation, and how your professor wants you to approach the assignment. Nevertheless, preparing to write a case analysis paper involves several important steps. As Hawes notes, a case analysis assignment “...is useful in developing the ability to get to the heart of a problem, analyze it thoroughly, and to indicate the appropriate solution as well as how it should be implemented” [p.48]. This statement encapsulates how you should approach preparing to write a case analysis paper.

Before you begin to write your paper, consider the following analytical procedures:

• Review the case to get an overview of the situation . A case can be only a few pages in length, however, it is most often very lengthy and contains a significant amount of detailed background information and statistics, with multilayered descriptions of the scenario, the roles and behaviors of various stakeholder groups, and situational events. Therefore, a quick reading of the case will help you gain an overall sense of the situation and illuminate the types of issues and problems that you will need to address in your paper. If your professor has provided questions intended to help frame your analysis, use them to guide your initial reading of the case.
• Read the case thoroughly . After gaining a general overview of the case, carefully read the content again with the purpose of understanding key circumstances, events, and behaviors among stakeholder groups. Look for information or data that appears contradictory, extraneous, or misleading. At this point, you should be taking notes as you read because this will help you develop a general outline of your paper. The aim is to obtain a complete understanding of the situation so that you can begin contemplating tentative answers to any questions your professor has provided or, if they have not provided, developing answers to your own questions about the case scenario and its connection to the course readings,lectures, and class discussions.
• Determine key stakeholder groups, issues, and events and the relationships they all have to each other . As you analyze the content, pay particular attention to identifying individuals, groups, or organizations described in the case and identify evidence of any problems or issues of concern that impact the situation in a negative way. Other things to look for include identifying any assumptions being made by or about each stakeholder, potential biased explanations or actions, explicit demands or ultimatums , and the underlying concerns that motivate these behaviors among stakeholders. The goal at this stage is to develop a comprehensive understanding of the situational and behavioral dynamics of the case and the explicit and implicit consequences of each of these actions.
• Identify the core problems . The next step in most case analysis assignments is to discern what the core [i.e., most damaging, detrimental, injurious] problems are within the organizational setting and to determine their implications. The purpose at this stage of preparing to write your analysis paper is to distinguish between the symptoms of core problems and the core problems themselves and to decide which of these must be addressed immediately and which problems do not appear critical but may escalate over time. Identify evidence from the case to support your decisions by determining what information or data is essential to addressing the core problems and what information is not relevant or is misleading.
• Explore alternative solutions . As noted, case analysis scenarios rarely have only one correct answer. Therefore, it is important to keep in mind that the process of analyzing the case and diagnosing core problems, while based on evidence, is a subjective process open to various avenues of interpretation. This means that you must consider alternative solutions or courses of action by critically examining strengths and weaknesses, risk factors, and the differences between short and long-term solutions. For each possible solution or course of action, consider the consequences they may have related to their implementation and how these recommendations might lead to new problems. Also, consider thinking about your recommended solutions or courses of action in relation to issues of fairness, equity, and inclusion.
• Decide on a final set of recommendations . The last stage in preparing to write a case analysis paper is to assert an opinion or viewpoint about the recommendations needed to help resolve the core problems as you see them and to make a persuasive argument for supporting this point of view. Prepare a clear rationale for your recommendations based on examining each element of your analysis. Anticipate possible obstacles that could derail their implementation. Consider any counter-arguments that could be made concerning the validity of your recommended actions. Finally, describe a set of criteria and measurable indicators that could be applied to evaluating the effectiveness of your implementation plan.

Use these steps as the framework for writing your paper. Remember that the more detailed you are in taking notes as you critically examine each element of the case, the more information you will have to draw from when you begin to write. This will save you time.

NOTE : If the process of preparing to write a case analysis paper is assigned as a student group project, consider having each member of the group analyze a specific element of the case, including drafting answers to the corresponding questions used by your professor to frame the analysis. This will help make the analytical process more efficient and ensure that the distribution of work is equitable. This can also facilitate who is responsible for drafting each part of the final case analysis paper and, if applicable, the in-class presentation.

Framework for Case Analysis . College of Management. University of Massachusetts; Hawes, Jon M. "Teaching is Not Telling: The Case Method as a Form of Interactive Learning." Journal for Advancement of Marketing Education 5 (Winter 2004): 47-54; Rasche, Christoph and Achim Seisreiner. Guidelines for Business Case Analysis . University of Potsdam; Writing a Case Study Analysis . University of Arizona Global Campus Writing Center; Van Ness, Raymond K. A Guide to Case Analysis . School of Business. State University of New York, Albany; Writing a Case Analysis . Business School, University of New South Wales.

Structure and Writing Style

A case analysis paper should be detailed, concise, persuasive, clearly written, and professional in tone and in the use of language . As with other forms of college-level academic writing, declarative statements that convey information, provide a fact, or offer an explanation or any recommended courses of action should be based on evidence. If allowed by your professor, any external sources used to support your analysis, such as course readings, should be properly cited under a list of references. The organization and structure of case analysis papers can vary depending on your professor’s preferred format, but its structure generally follows the steps used for analyzing the case.

Introduction

The introduction should provide a succinct but thorough descriptive overview of the main facts, issues, and core problems of the case . The introduction should also include a brief summary of the most relevant details about the situation and organizational setting. This includes defining the theoretical framework or conceptual model on which any questions were used to frame your analysis.

Following the rules of most college-level research papers, the introduction should then inform the reader how the paper will be organized. This includes describing the major sections of the paper and the order in which they will be presented. Unless you are told to do so by your professor, you do not need to preview your final recommendations in the introduction. U nlike most college-level research papers , the introduction does not include a statement about the significance of your findings because a case analysis assignment does not involve contributing new knowledge about a research problem.

Background Analysis

Background analysis can vary depending on any guiding questions provided by your professor and the underlying concept or theory that the case is based upon. In general, however, this section of your paper should focus on:

• Providing an overarching analysis of problems identified from the case scenario, including identifying events that stakeholders find challenging or troublesome,
• Identifying assumptions made by each stakeholder and any apparent biases they may exhibit,
• Describing any demands or claims made by or forced upon key stakeholders, and
• Highlighting any issues of concern or complaints expressed by stakeholders in response to those demands or claims.

These aspects of the case are often in the form of behavioral responses expressed by individuals or groups within the organizational setting. However, note that problems in a case situation can also be reflected in data [or the lack thereof] and in the decision-making, operational, cultural, or institutional structure of the organization. Additionally, demands or claims can be either internal and external to the organization [e.g., a case analysis involving a president considering arms sales to Saudi Arabia could include managing internal demands from White House advisors as well as demands from members of Congress].

Throughout this section, present all relevant evidence from the case that supports your analysis. Do not simply claim there is a problem, an assumption, a demand, or a concern; tell the reader what part of the case informed how you identified these background elements.

Identification of Problems

In most case analysis assignments, there are problems, and then there are problems . Each problem can reflect a multitude of underlying symptoms that are detrimental to the interests of the organization. The purpose of identifying problems is to teach students how to differentiate between problems that vary in severity, impact, and relative importance. Given this, problems can be described in three general forms: those that must be addressed immediately, those that should be addressed but the impact is not severe, and those that do not require immediate attention and can be set aside for the time being.

All of the problems you identify from the case should be identified in this section of your paper, with a description based on evidence explaining the problem variances. If the assignment asks you to conduct research to further support your assessment of the problems, include this in your explanation. Remember to cite those sources in a list of references. Use specific evidence from the case and apply appropriate concepts, theories, and models discussed in class or in relevant course readings to highlight and explain the key problems [or problem] that you believe must be solved immediately and describe the underlying symptoms and why they are so critical.

Alternative Solutions

This section is where you provide specific, realistic, and evidence-based solutions to the problems you have identified and make recommendations about how to alleviate the underlying symptomatic conditions impacting the organizational setting. For each solution, you must explain why it was chosen and provide clear evidence to support your reasoning. This can include, for example, course readings and class discussions as well as research resources, such as, books, journal articles, research reports, or government documents. In some cases, your professor may encourage you to include personal, anecdotal experiences as evidence to support why you chose a particular solution or set of solutions. Using anecdotal evidence helps promote reflective thinking about the process of determining what qualifies as a core problem and relevant solution .

Throughout this part of the paper, keep in mind the entire array of problems that must be addressed and describe in detail the solutions that might be implemented to resolve these problems.

Recommended Courses of Action

In some case analysis assignments, your professor may ask you to combine the alternative solutions section with your recommended courses of action. However, it is important to know the difference between the two. A solution refers to the answer to a problem. A course of action refers to a procedure or deliberate sequence of activities adopted to proactively confront a situation, often in the context of accomplishing a goal. In this context, proposed courses of action are based on your analysis of alternative solutions. Your description and justification for pursuing each course of action should represent the overall plan for implementing your recommendations.

For each course of action, you need to explain the rationale for your recommendation in a way that confronts challenges, explains risks, and anticipates any counter-arguments from stakeholders. Do this by considering the strengths and weaknesses of each course of action framed in relation to how the action is expected to resolve the core problems presented, the possible ways the action may affect remaining problems, and how the recommended action will be perceived by each stakeholder.

In addition, you should describe the criteria needed to measure how well the implementation of these actions is working and explain which individuals or groups are responsible for ensuring your recommendations are successful. In addition, always consider the law of unintended consequences. Outline difficulties that may arise in implementing each course of action and describe how implementing the proposed courses of action [either individually or collectively] may lead to new problems [both large and small].

Throughout this section, you must consider the costs and benefits of recommending your courses of action in relation to uncertainties or missing information and the negative consequences of success.

The conclusion should be brief and introspective. Unlike a research paper, the conclusion in a case analysis paper does not include a summary of key findings and their significance, a statement about how the study contributed to existing knowledge, or indicate opportunities for future research.

Begin by synthesizing the core problems presented in the case and the relevance of your recommended solutions. This can include an explanation of what you have learned about the case in the context of your answers to the questions provided by your professor. The conclusion is also where you link what you learned from analyzing the case with the course readings or class discussions. This can further demonstrate your understanding of the relationships between the practical case situation and the theoretical and abstract content of assigned readings and other course content.

Problems to Avoid

The literature on case analysis assignments often includes examples of difficulties students have with applying methods of critical analysis and effectively reporting the results of their assessment of the situation. A common reason cited by scholars is that the application of this type of teaching and learning method is limited to applied fields of social and behavioral sciences and, as a result, writing a case analysis paper can be unfamiliar to most students entering college.

After you have drafted your paper, proofread the narrative flow and revise any of these common errors:

• Unnecessary detail in the background section . The background section should highlight the essential elements of the case based on your analysis. Focus on summarizing the facts and highlighting the key factors that become relevant in the other sections of the paper by eliminating any unnecessary information.
• Analysis relies too much on opinion . Your analysis is interpretive, but the narrative must be connected clearly to evidence from the case and any models and theories discussed in class or in course readings. Any positions or arguments you make should be supported by evidence.
• Analysis does not focus on the most important elements of the case . Your paper should provide a thorough overview of the case. However, the analysis should focus on providing evidence about what you identify are the key events, stakeholders, issues, and problems. Emphasize what you identify as the most critical aspects of the case to be developed throughout your analysis. Be thorough but succinct.
• Writing is too descriptive . A paper with too much descriptive information detracts from your analysis of the complexities of the case situation. Questions about what happened, where, when, and by whom should only be included as essential information leading to your examination of questions related to why, how, and for what purpose.
• Inadequate definition of a core problem and associated symptoms . A common error found in case analysis papers is recommending a solution or course of action without adequately defining or demonstrating that you understand the problem. Make sure you have clearly described the problem and its impact and scope within the organizational setting. Ensure that you have adequately described the root causes w hen describing the symptoms of the problem.
• Recommendations lack specificity . Identify any use of vague statements and indeterminate terminology, such as, “A particular experience” or “a large increase to the budget.” These statements cannot be measured and, as a result, there is no way to evaluate their successful implementation. Provide specific data and use direct language in describing recommended actions.
• Unrealistic, exaggerated, or unattainable recommendations . Review your recommendations to ensure that they are based on the situational facts of the case. Your recommended solutions and courses of action must be based on realistic assumptions and fit within the constraints of the situation. Also note that the case scenario has already happened, therefore, any speculation or arguments about what could have occurred if the circumstances were different should be revised or eliminated.

Bee, Lian Song et al. "Business Students' Perspectives on Case Method Coaching for Problem-Based Learning: Impacts on Student Engagement and Learning Performance in Higher Education." Education & Training 64 (2022): 416-432; The Case Analysis . Fred Meijer Center for Writing and Michigan Authors. Grand Valley State University; Georgallis, Panikos and Kayleigh Bruijn. "Sustainability Teaching using Case-Based Debates." Journal of International Education in Business 15 (2022): 147-163; Hawes, Jon M. "Teaching is Not Telling: The Case Method as a Form of Interactive Learning." Journal for Advancement of Marketing Education 5 (Winter 2004): 47-54; Georgallis, Panikos, and Kayleigh Bruijn. "Sustainability Teaching Using Case-based Debates." Journal of International Education in Business 15 (2022): 147-163; .Dean,  Kathy Lund and Charles J. Fornaciari. "How to Create and Use Experiential Case-Based Exercises in a Management Classroom." Journal of Management Education 26 (October 2002): 586-603; Klebba, Joanne M. and Janet G. Hamilton. "Structured Case Analysis: Developing Critical Thinking Skills in a Marketing Case Course." Journal of Marketing Education 29 (August 2007): 132-137, 139; Klein, Norman. "The Case Discussion Method Revisited: Some Questions about Student Skills." Exchange: The Organizational Behavior Teaching Journal 6 (November 1981): 30-32; Mukherjee, Arup. "Effective Use of In-Class Mini Case Analysis for Discovery Learning in an Undergraduate MIS Course." The Journal of Computer Information Systems 40 (Spring 2000): 15-23; Pessoa, Silviaet al. "Scaffolding the Case Analysis in an Organizational Behavior Course: Making Analytical Language Explicit." Journal of Management Education 46 (2022): 226-251: Ramsey, V. J. and L. D. Dodge. "Case Analysis: A Structured Approach." Exchange: The Organizational Behavior Teaching Journal 6 (November 1981): 27-29; Schweitzer, Karen. "How to Write and Format a Business Case Study." ThoughtCo. https://www.thoughtco.com/how-to-write-and-format-a-business-case-study-466324 (accessed December 5, 2022); Reddy, C. D. "Teaching Research Methodology: Everything's a Case." Electronic Journal of Business Research Methods 18 (December 2020): 178-188; Volpe, Guglielmo. "Case Teaching in Economics: History, Practice and Evidence." Cogent Economics and Finance 3 (December 2015). doi:https://doi.org/10.1080/23322039.2015.1120977.

Writing Tip

Ca se Study and Case Analysis Are Not the Same!

Confusion often exists between what it means to write a paper that uses a case study research design and writing a paper that analyzes a case; they are two different types of approaches to learning in the social and behavioral sciences. Professors as well as educational researchers contribute to this confusion because they often use the term "case study" when describing the subject of analysis for a case analysis paper. But you are not studying a case for the purpose of generating a comprehensive, multi-faceted understanding of a research problem. R ather, you are critically analyzing a specific scenario to argue logically for recommended solutions and courses of action that lead to optimal outcomes applicable to professional practice.

To avoid any confusion, here are twelve characteristics that delineate the differences between writing a paper using the case study research method and writing a case analysis paper:

• Case study is a method of in-depth research and rigorous inquiry ; case analysis is a reliable method of teaching and learning . A case study is a modality of research that investigates a phenomenon for the purpose of creating new knowledge, solving a problem, or testing a hypothesis using empirical evidence derived from the case being studied. Often, the results are used to generalize about a larger population or within a wider context. The writing adheres to the traditional standards of a scholarly research study. A case analysis is a pedagogical tool used to teach students how to reflect and think critically about a practical, real-life problem in an organizational setting.
• The researcher is responsible for identifying the case to study; a case analysis is assigned by your professor . As the researcher, you choose the case study to investigate in support of obtaining new knowledge and understanding about the research problem. The case in a case analysis assignment is almost always provided, and sometimes written, by your professor and either given to every student in class to analyze individually or to a small group of students, or students select a case to analyze from a predetermined list.
• A case study is indeterminate and boundless; a case analysis is predetermined and confined . A case study can be almost anything [see item 9 below] as long as it relates directly to examining the research problem. This relationship is the only limit to what a researcher can choose as the subject of their case study. The content of a case analysis is determined by your professor and its parameters are well-defined and limited to elucidating insights of practical value applied to practice.
• Case study is fact-based and describes actual events or situations; case analysis can be entirely fictional or adapted from an actual situation . The entire content of a case study must be grounded in reality to be a valid subject of investigation in an empirical research study. A case analysis only needs to set the stage for critically examining a situation in practice and, therefore, can be entirely fictional or adapted, all or in-part, from an actual situation.
• Research using a case study method must adhere to principles of intellectual honesty and academic integrity; a case analysis scenario can include misleading or false information . A case study paper must report research objectively and factually to ensure that any findings are understood to be logically correct and trustworthy. A case analysis scenario may include misleading or false information intended to deliberately distract from the central issues of the case. The purpose is to teach students how to sort through conflicting or useless information in order to come up with the preferred solution. Any use of misleading or false information in academic research is considered unethical.
• Case study is linked to a research problem; case analysis is linked to a practical situation or scenario . In the social sciences, the subject of an investigation is most often framed as a problem that must be researched in order to generate new knowledge leading to a solution. Case analysis narratives are grounded in real life scenarios for the purpose of examining the realities of decision-making behavior and processes within organizational settings. A case analysis assignments include a problem or set of problems to be analyzed. However, the goal is centered around the act of identifying and evaluating courses of action leading to best possible outcomes.
• The purpose of a case study is to create new knowledge through research; the purpose of a case analysis is to teach new understanding . Case studies are a choice of methodological design intended to create new knowledge about resolving a research problem. A case analysis is a mode of teaching and learning intended to create new understanding and an awareness of uncertainty applied to practice through acts of critical thinking and reflection.
• A case study seeks to identify the best possible solution to a research problem; case analysis can have an indeterminate set of solutions or outcomes . Your role in studying a case is to discover the most logical, evidence-based ways to address a research problem. A case analysis assignment rarely has a single correct answer because one of the goals is to force students to confront the real life dynamics of uncertainly, ambiguity, and missing or conflicting information within professional practice. Under these conditions, a perfect outcome or solution almost never exists.
• Case study is unbounded and relies on gathering external information; case analysis is a self-contained subject of analysis . The scope of a case study chosen as a method of research is bounded. However, the researcher is free to gather whatever information and data is necessary to investigate its relevance to understanding the research problem. For a case analysis assignment, your professor will often ask you to examine solutions or recommended courses of action based solely on facts and information from the case.
• Case study can be a person, place, object, issue, event, condition, or phenomenon; a case analysis is a carefully constructed synopsis of events, situations, and behaviors . The research problem dictates the type of case being studied and, therefore, the design can encompass almost anything tangible as long as it fulfills the objective of generating new knowledge and understanding. A case analysis is in the form of a narrative containing descriptions of facts, situations, processes, rules, and behaviors within a particular setting and under a specific set of circumstances.
• Case study can represent an open-ended subject of inquiry; a case analysis is a narrative about something that has happened in the past . A case study is not restricted by time and can encompass an event or issue with no temporal limit or end. For example, the current war in Ukraine can be used as a case study of how medical personnel help civilians during a large military conflict, even though circumstances around this event are still evolving. A case analysis can be used to elicit critical thinking about current or future situations in practice, but the case itself is a narrative about something finite and that has taken place in the past.
• Multiple case studies can be used in a research study; case analysis involves examining a single scenario . Case study research can use two or more cases to examine a problem, often for the purpose of conducting a comparative investigation intended to discover hidden relationships, document emerging trends, or determine variations among different examples. A case analysis assignment typically describes a stand-alone, self-contained situation and any comparisons among cases are conducted during in-class discussions and/or student presentations.

The Case Analysis . Fred Meijer Center for Writing and Michigan Authors. Grand Valley State University; Mills, Albert J. , Gabrielle Durepos, and Eiden Wiebe, editors. Encyclopedia of Case Study Research . Thousand Oaks, CA: SAGE Publications, 2010; Ramsey, V. J. and L. D. Dodge. "Case Analysis: A Structured Approach." Exchange: The Organizational Behavior Teaching Journal 6 (November 1981): 27-29; Yin, Robert K. Case Study Research and Applications: Design and Methods . 6th edition. Thousand Oaks, CA: Sage, 2017; Crowe, Sarah et al. “The Case Study Approach.” BMC Medical Research Methodology 11 (2011):  doi: 10.1186/1471-2288-11-100; Yin, Robert K. Case Study Research: Design and Methods . 4th edition. Thousand Oaks, CA: Sage Publishing; 1994.

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Directed Research Projects

• Getting Started
• Preparing to Research
• The Research Process

Structuring Your Paper

Writing tips, writing resources.

• Checking your Sources
• Getting it Published

There is no strict structure to writing a legal research paper.  Unlike legal memos written for class or documents prepared for court proceedings that require formatted headings such as "Question Presented," "Statement of Facts," etc., legal research papers are not required to contain prescribed content or abide by a particular structure.

That said, below is a typical approach to organizing the content of your research project.

• Introduction (clear statement of your thesis)
• Background information (what is the existing law, if any)
• The problem (explain why the status quo does't work)
• Recommendation for change (what can be done to improve the field and how)
• Conclusion (tie back to your thesis)

If you have any questions about formatting your research project, you should seek advice from your faculty advisor.  Below are some basic guidelines, but keep in mind formatting requirements set forth by your faculty advisor will always supersede instructions provided here.

Generally, directed research papers are formatted as follows:

• 12-point font (Times New Roman or similar)
• Double-spaced lines
• One-inch margins on both sides, top, and bottom
• 10-point font for footnotes (same font as text)
• Bluebook style and rules for all footnotes citations
• Roman numerals and/or letter headings and subheadings (same font as text but bolded and/or underlined)
• Numbered pages in the footer (same font as text)

Table of Contents

Although not required (unless your faculty advisor states otherwise), a table of contents can be helpful to provide your reader with an overview of your research paper and direct them to certain sections.  Your table of contents should mirror your headings and subheadings.  Below is an example of a table of contents.

When to Cite

You must include a citation every time you refer to, paraphrase, or quote a law, case, or another's work.  Most of your sentences will include a citation.  Additionally, when you cite to a law, always cite to the primary source.

How to Cite

The Bluebook, formally titled  The Bluebook: A Uniform System of Citation , is the style manual for citing to legal documents within the United States.  You should use the Bluebook for all your citations in your legal paper.  The white page section contain the citation rules for legal academic publications.

Writing a Strong Introduction

Your introduction is arguably the most important section of your paper because many people will decide to continue reading based on the introduction.  It must grab the reader's attention and explain why what you are writing about is important.

Essentially, the reader should be able to skim the rest of your paper after reading your introduction and have a good understanding of its layout and arguments.  A good introduction should present the theme of the paper in a succinct manner while providing an overview of your paper.

Generally, a strong introduction will

• State the legal problem/issue;
• Describe why it is important and how your paper contributes to the discussion;
• Provide a road map of your paper; and
• State your conclusion.

Being Objective & Subjective

After your introduction, you should discuss background information on the issue you chose to write about.  This should be an objective overview of the relevant facts and existing law.  Your objective background information section should not be an all encompassing.  Keep this portion of your paper focused on the essential law and relevant facts that support your recommendation for change. 

The bulk of your paper lays in your discussion of the problem and recommendation for change.  This is the subjective portion of your paper.  In this section you should extract the relevant objective material to support your subjective analysis.

Writing a Strong Conclusion

Your conclusion should restate your thesis, summarize your major points, and remind the reader why the issue you've chosen is important.  The conclusion should essentially reword your introduction in a condensed fashion. 

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First Year Tip Series: Introduction to Case Notes

Ben conlon, senior editorial board (online editor).

A case note is something that every law student is asked to write at some point in their studies and, without some direction, can be a daunting task. This article aims to briefly explain what a case note is, what the benefits of writing a case note are, and how to actually write a case note. Further information is also included at the end of the piece about the Gernot Biehler Case Note competition.

What is a Case Note?

A case note is a summary and analysis of a single case, as opposed to an article, which examines an area of law. A case note should outline the facts of the case, as well as its ratio decedendi , and also provide a critical analysis of the decision. The analysis should concern the correctness of the decision, with reference to case law, accepted logic and academic opinion. A good case note usually contains analysis of the effect that the decision may have on future cases, especially if the decision is a departure from a previously settled point of law.

What to Keep in Mind when Selecting a Case

If you have the option of selecting the case you would like to write on, below are some factors you should keep in mind:

• Try to pick an area of significant concern or a topical issue
• Does the case seem to ignore reason/common sense?
• Is there a recent case where the court departs from precedent or a position accepted in other jurisdictions?
• Does the decision which may have significant extra-legal repercussions.
• Will this decision prompt interesting results in future cases?
• Was this the first case in a newly-legislated area?
• Has there already been substantial academic commentary written on this case? Often it may be better, for originality’s sake to write on a new case, or one that has not been subject to as much discussion.

How to Write a Case Note

(A) Research

As with any piece of legal writing, the first step in writing a case note is conducting the necessary research. Read the case multiple times and note down the facts and the ratio decedendi . The case should be read in the context of the area of law as a whole; understanding how the case relates to existing principles and case law is key in forming a critique and analysis. Further consideration should be given to whether the law is still relevant, and whether it is still considered to be a strong precedent. While a case note tends not to rely on academic sources as much as a legal essay, it is still worth exploring academic commentary around the case, from which a greater perspective can be gleaned.

(B) Writing

There is no rigid structure for how a case note should be written, but this article will attempt to lay out a basic structure and guide for writing the case note itself. It is worth noting that many brilliant case notes do not follow this structure, and can often depart from it dramatically, so there is no pressure to follow this structure.

As is the case in most legal writing, it is generally recommended that the piece is broken down into separate headings. This can make the case note easier to follow, and direct the reader to the important elements of the piece. When writing a case note for a legal journal or a university assignment, regard should be had for the word-count when deciding on how specific the headings are; if there is a lower word-count, it might make sense to merge some of the headings together.

(i) The Introduction

The introduction of a case note should introduce the case and indicate the court in which it was decided. It should lay out the structure of the case note, explain the significance of the case (i.e. the change in the law brought about by the case), and briefly outline your opinion of the case.

(ii) The Facts of the Case

The second section of the case note should briefly outline the facts of the case. It is important to keep in mind that a case note is not simply a summary of a case; the facts simply set out the background for your analysis. Due to this, this section of the case note should not be too long, and the aim should be to illustrate the facts that were relevant in the court’s reasoning, rather than the entirety of the factual circumstances. This is generally a good place to mention the decisions of the lower courts in relation to the case at hand.

(iii) The Decision and the Ratio Decidendi

This section of the case note should deal with the reasoning that lead to the court’s decision, and specific emphasis should be placed on the key decisions and the ratio decedendi . Here, detail should be provided on the case law that the court either relied on or moved away from, and a short explanation of the reasoning behind such moves should be given. The way that the decision was handled should also be mentioned (e.g. was the judgment suspended to allow the government to amend the issue?), as this is often indicative of the attitude of the courts in relation to the issue at hand.

(iv) Critical Analysis/Further Discussion

The primary aim of a case note is to critically analyse a particular decision and the effect it has on the law. “Critically analyse” can be a confusing phrase, so considering some of the following questions may be a useful starting point:

• Is the logic of the judgment sound? Do you agree with it? Why or why not?
• Does the judgment differ or depart from previous decisions? Does it follow some aspects but not others?
• How does the judgment compare with international precedent?
• Does the judgment reflect political/economic/cultural tensions?
• Does the judgment fail to acknowledge any legal or extralegal repercussions it may have?
• Has the judgment failed to address any important questions?
• Do you agree with the decision? Why?

It is worth noting that “critically analyse” does not mean you have to disagree with a judgment; the best critical analysis praises some aspects of a judgment, and attacks others. Commentary on previous related decisions may help to inform your opinion on a case, and help with the critical analysis. It is recommended that some thought is given to how the case may have a lasting impact, and it should be acknowledged whether or not the case might be open to appeal. However, as in any legal piece, it is advisable that a certain degree of critical analysis is woven throughout the piece, rather than isolated to one section.

(v) Conclusion

The conclusion should very briefly summarise the decision, the flaws and achievements that have been discussed throughout the case note, and your overall opinion. A general rule for any piece of writing is that new substantive arguments that have not been discussed in the body of the piece should not be introduced in the conclusion. Finally, some concluding remarks could be offered about the effect of the case on that area of law, and how future cases may be influenced by it.

Some Final Tips

As is the case with any piece of legal writing, there should be a cohesive thread of argument that runs through the case note, but this may be difficult to  pick up on  after several hours of writing by yourself.  As a result, the argument you have crafted might make sense to you, but not to a new reader. One of the best ways to deal with this is to ask someone else to read over the piece and offer some of their own comments.

While it is always advised to read through previous academic pieces written on your chosen area, make sure when citing academics that you are also evaluating their arguments to the reader. Do you agree with what the academic has said? How does their argument bolster yours? Or, how would you refute what the academic has argued? Analysing the academic commentary you have utilised is key to presenting critical analysis in your piece.

In the same vein, when presenting your arguments, it is recommended that you recognise ‘the other side.’ This is particularly important in controversial areas of law, like socio-economic rights, where presenting a one-sided argument will reflect poorly on the author’s critical analysis.

As a final note, the TCLR Online has published many case notes, and reading over these can help you to form a picture of what a case note looks like, and what a case note should contain. Many longer case notes have also been published in the print version of the TCLR, which can be found on the legal article database Heinonline.

The Gernot Biehler Case Note Competition

The Trinity College Law Review runs an annual case note competition in honour of Dr. Gernot Biehler. Dr. Biehler was a distinguished fellow of Trinity College and a lecturer in international law and conflicts of law, who died aged 48. Dr. Biehler was a keen supporter of the work of the Law Review.

The competition is open to first and second year undergraduate students from all universities. Case notes are subject to a word limit of 3,000 words excluding footnotes, and the deadline for submitting your entry is the 17th January 2020. The winning entry is published in the print journal of the Trinity College Law Review, and the winner receives a cash prize of €250. More information on the competition can be found at www.trinitycollegelawreview.org/submissions/ .

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Legal Research Strategy

Preliminary analysis, organization, secondary sources, primary sources, updating research, identifying an end point, getting help, about this guide.

This guide will walk a beginning researcher though the legal research process step-by-step. These materials are created with the 1L Legal Research & Writing course in mind. However, these resources will also assist upper-level students engaged in any legal research project.

How to Strategize

Legal research must be comprehensive and precise.  One contrary source that you miss may invalidate other sources you plan to rely on.  Sticking to a strategy will save you time, ensure completeness, and improve your work product. 

Follow These Steps

Running Time: 3 minutes, 13 seconds.

Make sure that you don't miss any steps by using our:

• Legal Research Strategy Checklist

If you get stuck at any time during the process, check this out:

• Ten Tips for Moving Beyond the Brick Wall in the Legal Research Process, by Marsha L. Baum

Understanding the Legal Questions

A legal question often originates as a problem or story about a series of events. In law school, these stories are called fact patterns. In practice, facts may arise from a manager or an interview with a potential client. Start by doing the following:

• Read anything you have been given
• Analyze the facts and frame the legal issues
• Assess what you know and need to learn
• Note the jurisdiction and any primary law you have been given
• Generate potential search terms

Jurisdiction

Legal rules will vary depending on where geographically your legal question will be answered. You must determine the jurisdiction in which your claim will be heard. These resources can help you learn more about jurisdiction and how it is determined:

• Legal Treatises on Jurisdiction
• LII Wex Entry on Jurisdiction

This map indicates which states are in each federal appellate circuit:

Getting Started

Once you have begun your research, you will need to keep track of your work. Logging your research will help you to avoid missing sources and explain your research strategy. You will likely be asked to explain your research process when in practice. Researchers can keep paper logs, folders on Westlaw or Lexis, or online citation management platforms.

Organizational Methods

Tracking with paper or excel.

Many researchers create their own tracking charts.  Be sure to include:

• Search Date
• Topics/Keywords/Search Strategy
• Citation to Relevant Source Found
• Save Locations
• Follow Up Needed

Consider using the following research log as a starting place: 

• Sample Research Log

Tracking with Folders

Westlaw and Lexis offer options to create folders, then save and organize your materials there.

• Lexis Advance Folders
• Westlaw Edge Folders

Tracking with Citation Management Software

For long term projects, platforms such as Zotero, EndNote, Mendeley, or Refworks might be useful. These are good tools to keep your research well organized. Note, however, that none of these platforms substitute for doing your own proper Bluebook citations. Learn more about citation management software on our other research guides:

• Guide to Zotero for Harvard Law Students by Harvard Law School Library Research Services Last Updated Sep 12, 2023 193 views this year

Types of Sources

There are three different types of sources: Primary, Secondary, and Tertiary.  When doing legal research you will be using mostly primary and secondary sources.  We will explore these different types of sources in the sections below.

Secondary sources often explain legal principles more thoroughly than a single case or statute. Starting with them can help you save time.

Secondary sources are particularly useful for:

• Learning the basics of a particular area of law
• Understanding key terms of art in an area
• Identifying essential cases and statutes

Consider the following when deciding which type of secondary source is right for you:

• Scope/Breadth
• Depth of Treatment
• Currentness/Reliability

For a deep dive into secondary sources visit:

• Secondary Sources: ALRs, Encyclopedias, Law Reviews, Restatements, & Treatises by Catherine Biondo Last Updated Sep 12, 2023 3392 views this year

Legal Dictionaries & Encyclopedias

Legal dictionaries.

Legal dictionaries are similar to other dictionaries that you have likely used before.

• Black's Law Dictionary
• Ballentine's Law Dictionary

Legal Encyclopedias

Legal encyclopedias contain brief, broad summaries of legal topics, providing introductions and explaining terms of art. They also provide citations to primary law and relevant major law review articles.  

Here are the two major national encyclopedias:

• American Jurisprudence (AmJur) This resource is also available in Westlaw & Lexis .
• Corpus Juris Secundum (CJS)

Treatises are books on legal topics.  These books are a good place to begin your research.  They provide explanation, analysis, and citations to the most relevant primary sources. Treatises range from single subject overviews to deep treatments of broad subject areas.

It is important to check the date when the treatise was published. Many are either not updated, or are updated through the release of newer editions.

To find a relevant treatise explore:

• Legal Treatises by Subject by Catherine Biondo Last Updated Sep 12, 2023 2404 views this year

American Law Reports (ALR)

American Law Reports (ALR) contains in-depth articles on narrow topics of the law. ALR articles, are often called annotations. They provide background, analysis, and citations to relevant cases, statutes, articles, and other annotations. ALR annotations are invaluable tools to quickly find primary law on narrow legal questions.

This resource is available in both Westlaw and Lexis:

• American Law Reports on Westlaw (includes index)
• American Law Reports on Lexis

Law Reviews & Journals

Law reviews are scholarly publications, usually edited by law students in conjunction with faculty members. They contain both lengthy articles and shorter essays by professors and lawyers. They also contain comments, notes, or developments in the law written by law students. Articles often focus on new or emerging areas of law and may offer critical commentary. Some law reviews are dedicated to a particular topic while others are general. Occasionally, law reviews will include issues devoted to proceedings of panels and symposia.

Law review and journal articles are extremely narrow and deep with extensive references. 

To find law review articles visit:

• Law Journal Library on HeinOnline
• Law Reviews & Journals on LexisNexis
• Law Reviews & Journals on Westlaw

Restatements

Restatements are highly regarded distillations of common law, prepared by the American Law Institute (ALI). ALI is a prestigious organization comprised of judges, professors, and lawyers. They distill the "black letter law" from cases to indicate trends in common law. Resulting in a “restatement” of existing common law into a series of principles or rules. Occasionally, they make recommendations on what a rule of law should be.

Restatements are not primary law. However, they are considered persuasive authority by many courts.

Restatements are organized into chapters, titles, and sections.  Sections contain the following:

• a concisely stated rule of law,
• comments to clarify the rule,
• hypothetical examples,
• explanation of purpose, and
• exceptions to the rule  

To access restatements visit:

• American Law Institute Library on HeinOnline
• Restatements & Principles of the Law on LexisNexis
• Restatements & Principles of Law on Westlaw

Primary Authority

Primary authority is "authority that issues directly from a law-making body."   Authority , Black's Law Dictionary (11th ed. 2019).   Sources of primary authority include:

• Constitutions
• Statutes 

Regulations

Access to primary legal sources is available through:

• Bloomberg Law
• Free & Low Cost Alternatives

Statutes (also called legislation) are "laws enacted by legislative bodies", such as Congress and state legislatures.  Statute , Black's Law Dictionary (11th ed. 2019).

We typically start primary law research here. If there is a controlling statute, cases you look for later will interpret that law. There are two types of statutes, annotated and unannotated.

Annotated codes are a great place to start your research. They combine statutory language with citations to cases, regulations, secondary sources, and other relevant statutes. This can quickly connect you to the most relevant cases related to a particular law. Unannotated Codes provide only the text of the statute without editorial additions. Unannotated codes, however, are more often considered official and used for citation purposes.

For a deep dive on federal and state statutes, visit:

• Statutes: US and State Codes by Mindy Kent Last Updated Mar 26, 2024 1926 views this year
• 50 State Surveys

Want to learn more about the history or legislative intent of a law?  Learn how to get started here:

• Legislative History Get an introduction to legislative histories in less than 5 minutes.
• Federal Legislative History Research Guide

Regulations are rules made by executive departments and agencies. Not every legal question will require you to search regulations. However, many areas of law are affected by regulations. So make sure not to skip this step if they are relevant to your question.

To learn more about working with regulations, visit:

• Administrative Law Research by AJ Blechner Last Updated Sep 12, 2023 397 views this year

Case Basics

In many areas, finding relevant caselaw will comprise a significant part of your research. This Is particularly true in legal areas that rely heavily on common law principles.

Running Time: 3 minutes, 10 seconds.

Unpublished Cases

Up to  86% of federal case opinions are unpublished. You must determine whether your jurisdiction will consider these unpublished cases as persuasive authority. The Federal Rules of Appellate Procedure have an overarching rule, Rule 32.1  Each circuit also has local rules regarding citations to unpublished opinions. You must understand both the Federal Rule and the rule in your jurisdiction.

• Federal and Local Rules of Appellate Procedure 32.1 (Dec. 2021).
• Type of Opinion or Order Filed in Cases Terminated on the Merits, by Circuit (Sept. 2021).

Each state also has its own local rules which can often be accessed through:

• State Bar Associations
• State Courts Websites

First Circuit

• First Circuit Court Rule 32.1.0

Second Circuit

• Second Circuit Court Rule 32.1.1

Third Circuit

• Third Circuit Court Rule 5.7

Fourth Circuit

• Fourth Circuit Court Rule 32.1

Fifth Circuit

• Fifth Circuit Court Rule 47.5

Sixth Circuit

• Sixth Circuit Court Rule 32.1

Seventh Circuit

• Seventh Circuit Court Rule 32.1

Eighth Circuit

• Eighth Circuit Court Rule 32.1A

Ninth Circuit

• Ninth Circuit Court Rule 36-3

Tenth Circuit

• Tenth Circuit Court Rule 32.1

Eleventh Circuit

• Eleventh Circuit Court Rule 32.1

D.C. Circuit

• D.C. Circuit Court Rule 32.1

Federal Circuit

• Federal Circuit Court Rule 32.1

Finding Cases

Headnotes show the key legal points in a case. Legal databases use these headnotes to guide researchers to other cases on the same topic. They also use them to organize concepts explored in cases by subject. Publishers, like Westlaw and Lexis, create headnotes, so they are not consistent across databases.

Headnotes are organized by subject into an outline that allows you to search by subject. This outline is known as a "digest of cases." By browsing or searching the digest you can retrieve all headnotes covering a particular topic. This can help you identify particularly important cases on the relevant subject.

Running Time: 4 minutes, 43 seconds.

Each major legal database has its own digest:

• Topic Navigator (Lexis)
• Key Digest System (Westlaw)

Start by identifying a relevant topic in a digest.  Then you can limit those results to your jurisdiction for more relevant results.  Sometimes, you can keyword search within only the results on your topic in your jurisdiction.  This is a particularly powerful research method.

One Good Case Method

After following the steps above, you will have identified some relevant cases on your topic. You can use good cases you find to locate other cases addressing the same topic. These other cases often apply similar rules to a range of diverse fact patterns.

• in Lexis click "More Like This Headnote"
• in Westlaw click "Cases that Cite This Headnote"

to focus on the terms of art or key words in a particular headnote. You can use this feature to find more cases with similar language and concepts.  ​

Ways to Use Citators

A citator is "a catalogued list of cases, statutes, and other legal sources showing the subsequent history and current precedential value of those sources.  Citators allow researchers to verify the authority of a precedent and to find additional sources relating to a given subject." Citator , Black's Law Dictionary (11th ed. 2019).

Each major legal database has its own citator.  The two most popular are Keycite on Westlaw and Shepard's on Lexis.

• Keycite Information Page
• Shepard's Information Page

Making Sure Your Case is Still Good Law

This video answers common questions about citators:

For step-by-step instructions on how to use Keycite and Shepard's see the following:

• Shepard's Video Tutorial
• Shepard's Handout
• Shepard's Editorial Phrase Dictionary
• KeyCite Video Tutorial
• KeyCite Handout
• KeyCite Editorial Phrase Dictionary

Using Citators For

Citators serve three purposes: (1) case validation, (2) better understanding, and (3) additional research.

Case Validation

Is my case or statute good law?

• Parallel citations
• Prior and subsequent history
• Negative treatment suggesting you should no longer cite to holding.

Better Understanding

Has the law in this area changed?

• Later cases on the same point of law
• Positive treatment, explaining or expanding the law.
• Negative Treatment, narrowing or distinguishing the law.

Track Research

Who is citing and writing about my case or statute?

• Secondary sources that discuss your case or statute.
• Cases in other jurisdictions that discuss your case or statute.

Knowing When to Start Writing

For more guidance on when to stop your research see:

• Terminating Research, by Christina L. Kunz

Automated Services

Automated services can check your work and ensure that you are not missing important resources. You can learn more about several automated brief check services.  However, these services are not a replacement for conducting your own diligent research .

• Automated Brief Check Instructional Video

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Classes  View  Training Calendar  or  Request an Insta-Class

 Text  Ask a Librarian, 617-702-2728

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This guide is licensed under a Creative Commons Attribution-Noncommercial-Share Alike 3.0 United States License .

You may reproduce any part of it for noncommercial purposes as long as credit is included and it is shared in the same manner. 

• Last Updated: Sep 21, 2023 2:56 PM
• URL: https://guides.library.harvard.edu/law/researchstrategy

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How to Analyze Case Law

Last Updated: January 21, 2023 Fact Checked

This article was written by Jennifer Mueller, JD . Jennifer Mueller is an in-house legal expert at wikiHow. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. She received her JD from Indiana University Maurer School of Law in 2006. There are 7 references cited in this article, which can be found at the bottom of the page. This article has been fact-checked, ensuring the accuracy of any cited facts and confirming the authority of its sources. This article has been viewed 124,549 times.

When you hear the word "law," you may assume the word refers to statutes passed by Congress and state legislatures. But a major portion of American law actually is case law – the rules appellate judges distill from their interpretation of statutes and other sources. Accordingly, much of law school is spent learning how to analyze case law. However, attending law school isn't strictly necessary to acquire this valuable skill. You can teach yourself how to analyze case law, which begins – but doesn't end – with a thorough reading of the court's written opinion.

Summarizing the Facts

• The first time you read through a case, don't worry about trying to understand it. Just read for a sense of what's happening, who the major parties are, and what they want the court to do.
• Keep in mind that legal opinions aren't written for laypeople, or even for law students or attorneys – they are written for other judges. If you don't understand something (assuming you're not an appellate court judge), there's nothing wrong with that.
• You may have to go outside the opinion itself and look at other articles about the case, and then come back to it. For example, if you're reading a case that caused quite a stir in the media when it was decided, there will no doubt be newspaper and magazine articles about it. Reading those can help you better understand the court opinion.
• Many cases have summaries that appear before the case and let you know the basics of what happened, the issue before the court, and how the court resolved that issue. The summary can be helpful, but don't use it as a substitute for an initial read-through of the case.

• To make party identification even more confusing, party names may switch sides of the "v." in the case caption depending on who appealed. For example, suppose when a case began, Sally Sunshine sued Marvin Moon. The case's caption would be "Sunshine v. Moon." The trial court found in favor of Ms. Sunshine – but Mr. Moon appealed. The caption then became "Moon v. Sunshine."
• To continue the example, suppose the appellate court found in favor of Mr. Moon, but Ms. Sunshine appealed that ruling to a higher court. Now the case's caption is "Sunshine v. Moon" again.
• Since litigants in written opinions typically are only identified by their roles – appellant and appellee, for example – their names may only be mentioned once.

• Since the procedural history determines the role of the litigants, and thus what each of them is called throughout the written opinion, understanding how the case moved through the court system – who sued whom, and who appealed – is paramount to understanding the case.
• At the same time, you don't need to go into too much detail here. You just need to understand who filed the original lawsuit (which will help you understand the facts of the case), the decision at trial, and who appealed and why.

• At the appellate level, the courts are concerned with legal issues, not questions of fact. So, for example, if you are reading a case that came about as a result of a bar fight, the factual question of whether one party assaulted the other has already been resolved.
• In many cases, the initial facts that prompted the dispute may be summarized in a sentence or two. Often, what's really important is what happened afterward.
• Keep in mind that not all judges are the best writers. While you may be tempted to believe a particular fact is important because the judge who wrote the opinion spent several paragraphs discussing it, this is not necessarily the case.
• As you read more and more cases, particularly if the cases you read are focused on a particular court, you will become familiar with the styles of individual judges. This can make it easier for you to immediately notice when the judge is focusing on facts he or she believes are central to the case's holding.

Identifying the Issue and Decision

• Essentially, you're looking for what the person who appealed the lower court's ruling wanted to happen, that didn't. To find the issue, you must figure out what that person thought the lower court did wrong, and why.
• This usually isn't about something as simple as one person believing he should have been awarded more money, or a criminal defendant not wanting to go to jail. That might be part of an appellant's personal motivation, but to have a legitimate appeal you must be able to point to some way that the lower court made a legal error.
• In many cases, the legal error isn't an obvious error. The lower court may have applied the law correctly – but the appellant is arguing that her case is different from the cases that developed the rule the lower court used, or that the lower court should have used a different rule.
• Often in Supreme Court cases, there isn't a rule that can be handed down from previous cases and applied in this case, because no court has ever decided a case like this one. In these situations, it's up to the court to figure out how to tackle this new issue, and where it fits in to the long line of American jurisprudence.

• In some cases, the issue before the court involves multiple yes/no questions, or a follow-up question that is conditional on the answer to the first.
• This usually happens when a particular factual situation present in the case has never been explored by any other court. The court must first determine whether a particular law applies to that factual situation at all before it can decide how the law applies.
• For example, suppose a baker has been fined by the local government for creating cupcakes with expletives written in icing. The court may first have to determine whether icing on cupcakes is the sort of speech or expression protected by the First Amendment, before it can reach the real issue of whether the baker's First Amendment rights have been violated.

• Some judges have a very clear, straightforward writing style, and they'll phrase the issue as a question and answer it directly. However, this isn't usually the case. In most written opinions, you should expect to dig for the question and answer, which you'll have to craft yourself.
• When more than one question is asked, sometimes the answer to the first takes care of all the others. To look at the earlier cupcake-icing example, if the court had determined that no, icing on cupcakes is not protected by the First Amendment, the second question disappears. You don't have to consider whether the baker's First Amendment rights were violated by the fine, because she didn't have any First Amendment rights in the first place.
• When the answer is qualified with a "sometimes," any conditional questions that follow likewise will have qualifications. #Note any significant dissents. In many cases, particularly at the Supreme Court level, a justice who disagrees with the majority will issue a dissent. As time passes and court interpretation evolves, a significant dissent may end up being a majority opinion later on when the court reverses or overturns an earlier decision. [12] X Research source
• There also may be concurrences, which are separate opinions written by justices who agree with the ultimate outcome of the case, but not with the reasoning the majority applied to get there. Often a concurrence can help you understand the majority's reasoning, particularly if it seemed convoluted on first read.
• Unless you understand where the case you're reading falls in the history and development of that particular area of law, you may not be able to recognize which other opinions are important until you do further research.
• If you're unsure, it's best to simply note other opinions – be they dissents or concurrences – and the key difference between them and the majority's opinion.
• Especially if you're reading a Supreme Court case, you also should note which justice authored the dissent or concurrence. As justices leave the court and are replaced, the values and judicial temperament of the majority also can change.
• A dissent from a decade ago may become a majority opinion tomorrow – often written by the same justice, now carrying the majority where he or she once held a minority view.

Understanding the Reasoning

• Make note of the case from which the rule came, although typically it's not necessary for you to go back and read the case itself to understand the rule.
• However, if a significant portion of the opinion discusses the previous case, you may want to go back and read it as well so you have a better understanding of what the court is talking about.
• In some opinions (especially those penned by judges with straightforward writing styles), the rule used by the court will follow trigger phrases such as "the rule we apply is" or "we decide this case by applying the rule from" – phrases that alert you the court is about to tell you exactly what rule they used.
• Most opinions won't be this direct, and require a closer analysis of the language to ascertain the rule the court used. Sometimes you can figure this out by working backwards. Read the court's decision, and then follow the court's train of logic in reverse until you reach the rule.

• The application of a legal precedent to the facts of a case is the heart of legal analysis. This typically is done using similes. Seldom has the exact issue been presented before – to make a decision, the court must determine that this case is like a different case, and therefore the same rule should apply.
• Keep in mind that, especially if you're analyzing a Supreme Court case, the court wouldn't have accepted that case on appeal if it didn't present a new issue that had not already been decided in an earlier case.
• For this reason, there likely won't be a precedent that is entirely on point, or a previous case with the same fact pattern in which the same issue was raised and decided.
• Rather, the court must compare cases to find a rule that applies closely and is based on a similar situation that is analogous to the dispute presented.

• Sometimes the easiest way to locate the court's pivotal fact or facts is to consider what would have happened if they'd chosen to focus on a different fact.
• For example, if the court in the case of the beleaguered baker had decided to focus on the fact that cupcakes are food, and food has never been protected under the First Amendment, it might have arrived at a different decision than it did. Because the court focused instead on the fact that the baker wrote words with icing, just as writers write words in ink, and concluded that written words inarguably enjoy First Amendment protection.
• Although many other facts may be relevant, or important to some other aspect of the case, those aren't the facts that made the court rule the way it did.

• No court case exists in isolation. Once a court issues a decision, the legal interpretation and rules it establishes become part of the larger body of law devoted to that particular issue. Each opinion helps future courts understand more about the statute or constitutional provision at the heart of the case.
• You don't have to wait for future courts to apply the rule you've just learned to other cases, however. Take the facts in the original case and twist them slightly, then apply the rule yourself.
• Law professors call these imaginary cases "hypotheticals," and spend a good portion of class churning them out and asking their students to apply the rule they've learned to sometimes bizarre and convoluted stories.

Expert Q&A

You might also like.

• ↑ https://www.gareth-evans.com/how-to-read-understand-and-summarise-legal-cases/
• ↑ http://www.lexisnexis.com/en-us/lawschool/pre-law/reading-a-casebook.page
• ↑ https://www.monash.edu/learnhq/write-like-a-pro/annotated-assessment-samples/law/law-case-note
• ↑ https://utas.libguides.com/legal_research/caselaw
• ↑ http://www.cengage.com/resource_uploads/downloads/0324654553_91282.pdf
• ↑ https://lawschool.westlaw.com/marketing/display/SG/3
• ↑ http://www.csun.edu/~kkd61657/brief.pdf

About This Article

Case law refers to the decisions appellate judges make from their interpretations of former cases. To analyze specific case law, you’ll need to read the case through and try to get a feel for how the court made their decision. It can be pretty complex when you’re first reading a case, so jot down the main parties, the main dispute, and a brief history of the case to help yourself keep track. Once you understand the case, try to identify the legal rules the court used to make their decision. It’s also helpful to imagine different scenarios where the rule the case established could be applied, and whether or not the outcome would be the same. To learn how to focus on the most important facts of a case, read more from our Legal co-author! Did this summary help you? Yes No

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How to Write a Legal Analysis

Legal analysis is a crucial skill for anyone studying or practicing law. Whether you are a law student working on a class assignment or a lawyer preparing a legal brief, the ability to analyze legal issues and present well-reasoned arguments is essential. In this article, we will guide you through the process of writing a legal analysis, covering key steps, strategies, and tips to help you develop this important skill.

Understanding the Purpose of a Legal Analysis

Before diving into the nitty-gritty of how to write a legal analysis, it is important to understand its purpose. A legal analysis is a comprehensive examination and evaluation of legal issues, principles, and precedents related to a specific case or question. It requires careful analysis, critical thinking, and the application of legal reasoning and research skills.

The main purpose of a legal analysis is to provide an objective assessment of the legal issues involved, identify relevant legal principles, and present a well-structured and persuasive argument. The ultimate goal is to assist the reader, whether it be a judge, professor, or client, in understanding the complexities of the case and reaching a well-informed decision.

One important aspect of a legal analysis is the identification and interpretation of relevant statutes and case law. This involves conducting thorough research to locate and analyze legal authorities that are applicable to the specific legal issues at hand. By examining statutes and case law, legal analysts can determine how previous courts have interpreted and applied the law in similar situations, which can help guide their analysis and argumentation.

In addition to statutes and case law, legal analysts may also consider other legal sources such as regulations, treaties, and legal commentary. These sources can provide additional insights and perspectives on the legal issues being analyzed. By consulting a variety of legal sources, analysts can ensure that their analysis is comprehensive and well-informed.

Key Steps to Conducting a Legal Analysis

Conducting a thorough legal analysis involves several key steps. These steps provide a framework for organizing your thoughts, gathering relevant information, and constructing a well-reasoned argument.

The first step is to carefully read and understand the legal question or case at hand. This involves identifying the key issues, parties involved, relevant laws, and any relevant facts or circumstances. Take the time to analyze the specific legal question and break it down into its constituent parts.

Once you have a clear understanding of the legal question or case, the next step is to gather and analyze relevant legal information. This includes researching applicable statutes, regulations, case law, and legal principles. Use reliable legal sources such as textbooks, law journals, online databases, and reputable legal websites.

After gathering the necessary legal information, the third step is to identify the legal issues involved. This requires careful analysis of the facts, the applicable law, and how they intersect. It is important to identify the specific legal rules or principles that are relevant to the case and consider how they might apply.

Decoding and interpreting key legal principles is the fourth step in the legal analysis process. This involves understanding the legal rules or principles in question and applying them to the facts of the case. It requires careful reading and analysis of statutes, case law, and legal commentaries to determine their meaning and applicability.

Structuring your legal analysis is the fifth step. A well-structured legal analysis should have an introduction that clearly states the main issue or question, a thesis statement that indicates your position or argument, a body that presents your analysis and supporting arguments, and a conclusion that summarizes your main points and restates your thesis.

Breaking down complex legal concepts for clarity is another important step in the legal analysis process. Legal concepts can often be challenging to understand, especially for non-lawyers. It is crucial to explain legal principles, rules, and terminology in a clear and concise manner, using plain language whenever possible.

Applying legal frameworks and precedents to your analysis is the next step. This involves comparing the facts of the case at hand to similar cases or legal precedents. By referencing past decisions and legal principles, you can provide support and credibility to your arguments.

In addition to presenting your own argument, it is important to address counterarguments and alternative interpretations in your analysis. This demonstrates that you have considered multiple perspectives and strengthens your overall argument. Anticipating and addressing potential objections or opposing viewpoints shows that your analysis is comprehensive and rigorous.

To present a coherent and persuasive argument in your legal analysis, it is crucial to use clear and logical reasoning. Each paragraph should develop a single idea or point, with supporting evidence and reasoning. Use persuasive language and rhetorical devices to engage your reader and strengthen your argument.

Incorporating supporting evidence and citations is another essential aspect of writing a legal analysis. Your analysis should be grounded in legal authority, such as statutes, regulations, case law, and legal commentary. It is important to cite your sources accurately and consistently using the appropriate legal citation style.

After completing your legal analysis, the next step is to evaluate the strengths and weaknesses of your argument. This involves critically assessing the soundness of your reasoning, the relevance and sufficiency of your evidence, and the persuasiveness of your overall analysis. Consider potential counterarguments and assess how well you have addressed them in your analysis.

Finally, the last step in conducting a legal analysis is to revise and refine your work. Review your analysis for clarity, coherence, and logical flow. Make sure that your arguments are well-supported and that your analysis is free from errors or inconsistencies. Seek feedback from peers or mentors to gain additional perspectives and improve the quality of your analysis.

Tips for Writing Clear and Concise Legal Analysis

Writing a clear and concise legal analysis requires attention to detail and effective communication skills. Here are some tips to help you improve your writing:

• Use plain and concise language: Avoid using jargon or overly complex legal terminology. Use clear and straightforward language to explain legal concepts.
• Organize your thoughts: Use headings, subheadings, and paragraphs to structure your analysis and guide the reader through your arguments. This will improve readability and comprehension.
• Be precise: Clearly define your terms and concepts. Avoid ambiguity and ensure that your arguments are well-supported.
• Edit and proofread: Review your analysis carefully for errors, typos, and inconsistencies. Pay attention to grammar, punctuation, and citation formatting.
• Seek feedback: Consider sharing your analysis with a peer, professor, or mentor for feedback and constructive criticism.

Common Mistakes to Avoid in Writing a Legal Analysis

Even the most experienced legal writers can make mistakes. Here are some common pitfalls to watch out for:

• Unclear or vague arguments: Make sure your arguments are well-defined and supported by evidence. Avoid making broad or unsupported statements.
• Ignoring counterarguments: Consider alternative viewpoints and address them in your analysis. Failing to do so can weaken your overall argument.
• Failure to cite sources: Your analysis should be grounded in legal authority. Failure to cite relevant sources can undermine the credibility of your analysis.
• Writing without a clear structure: A well-structured analysis is easier to follow and understand. Ensure that your analysis has a logical flow and clear organization.
• Neglecting proofreading and editing: Errors in grammar, punctuation, and citation formatting can detract from the quality of your analysis. Take the time to carefully review and edit your work.

Enhancing the Overall Organization and Flow of Your Analysis

Organizing your legal analysis in a clear and logical manner is crucial to ensure that your arguments are effectively presented. Consider the following strategies to enhance the organization and flow of your analysis:

• Use headings and subheadings: Clearly label each section and subsection to guide the reader through your analysis.
• Use topic sentences: Begin each paragraph with a clear and concise sentence that states the main point or argument of that paragraph.
• Use transitional words and phrases: Link your ideas and paragraphs using transitional words and phrases such as “however,” “in addition,” “on the other hand,” etc.
• Create an outline: Before starting your analysis, create an outline that outlines the main sections and arguments you will make. This will help ensure a logical and coherent structure.
• Provide signposts: Use phrases such as “First,” “Secondly,” “In conclusion,” to signal to the reader the organization and progression of your analysis.

Proofreading and Editing Techniques for a Polished Legal Analysis

Proofreading and editing are essential to produce a polished and error-free legal analysis. Here are some techniques to help you in this process:

• Take a break: After completing your analysis, take a short break before proofreading. This will help you approach your work with fresh eyes.
• Read aloud: Reading your analysis aloud can help you identify errors, awkward phrasing, and inconsistencies. It can also help you gauge the flow and readability of your writing.
• Review for grammar and spelling: Pay close attention to your grammar, punctuation, and spelling. Use a spell checker and grammar checker to catch any obvious errors.
• Check your citations: Verify that your citations are accurate and consistent with the appropriate legal citation style. This includes checking for correct formatting and proper citation of sources.
• Get a second opinion: Consider asking a trusted colleague, friend, or mentor to review your analysis. They may catch errors or provide valuable feedback.

Tailoring Your Legal Analysis to Different Audiences

When writing a legal analysis, it is important to consider your audience. Different audiences may have varying levels of legal knowledge and expertise. Tailoring your analysis to the specific needs and expectations of your audience can enhance its effectiveness and impact.

If your audience is a judge or legal professional, you can assume a higher level of legal knowledge and use more technical language. In contrast, if your audience is a layperson or someone with limited legal knowledge, it may be necessary to explain legal concepts and terminology in a more accessible manner.

Remember to consider the tone and style appropriate for your audience. A formal and professional tone is generally expected when writing for judges and legal professionals. In contrast, writing for a more general audience may allow for a more conversational and engaging style.

Understanding the Importance of Ethical Considerations in Writing a Legal Analysis

When writing a legal analysis, it is crucial to consider the ethical responsibilities that come with the task. Legal writing should always be guided by honesty, integrity, and respect for the legal profession.

Ensure that your analysis accurately represents the law, legal principles, and the facts of the case. Avoid misrepresenting or distorting information to manipulate the reader’s understanding or opinion. Plagiarism is also a serious offense in the legal profession, so be sure to properly attribute sources and use accurate citation practices.

Additionally, be mindful of the potential impact of your analysis on the parties involved. Be fair, unbiased, and sensitive to the potential consequences your analysis may have on individuals and their rights.

Examples of Well-Written Legal Analyses for Reference

Studying well-written legal analyses can be a valuable learning tool. Reading examples from legal textbooks or scholarly articles can provide insight into effective legal analysis techniques, persuasive strategies, and the overall structure and organization of a legal analysis.

Consult your law school library, online legal databases, or reputable legal websites to find examples of well-written legal analyses relevant to your area of study or practice. Analyze these examples to identify the strengths and techniques used by experienced legal writers.

Resources for Further Developing Your Skills in Writing a Legal Analysis

Developing strong legal analysis skills is an ongoing process. Fortunately, there are numerous resources available to help you improve your writing and analytical skills.

Law school writing centers often provide workshops, courses, and individualized support for students looking to enhance their legal writing abilities. Take advantage of these resources to receive feedback, learn new strategies, and practice your skills.

Additionally, there are many books and online resources available that offer guidance on legal writing and analysis. Some recommended resources include:

• “Legal Writing in Plain English” by Bryan A. Garner
• “The Winning Brief” by Bryan A. Garner
• “Point Made: How to Write Like the Nation’s Top Advocates” by Ross Guberman
• “The Redbook: A Manual on Legal Style” by Bryan A. Garner

These resources can provide valuable insights into effective legal writing techniques, citation practices, and persuasive arguments.

Remember, developing strong legal analysis skills takes time and practice. Be patient with yourself and continually strive to improve. The ability to write a compelling and well-reasoned legal analysis is a valuable skill that will serve you throughout your legal career.

Take the time to develop your skills, seek feedback, and adopt a growth mindset. With consistent effort and dedication, you can become a proficient and persuasive legal writer.

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HOW TO DO CASE ANALYSIS?

Published by admin on april 26, 2023 april 26, 2023.

This article is written by Rahul Verma, an intern under Legal Vidhiya

Case Analysis Introduction:

Case analysis is a technical method to determine the relevant point and facts of law reveal the various legal issues which are already mentioned in case arguments of both parties and brief contention of judgement. Case analysis provide significant insight into the whole case which reduce the time to reading the lengthy judgement in a simple word it is a very tedious task to reading the whole judgement. it is always a good idea to read a gist of the whole case first either from the case notes itself or from other resources such as judgement from authentic website, some referral books, if available. Also, while reading the case, you can work through the judgment in sizeable chunks and skim through the judgement looking for the most relevant parts which answer your questions. It is advisable to slow down your pace while going through these relevant parts in order to grasp the legal principles and their application in the factual matrix of the case.

Preparation of brief:

A legal and case brief must have a clear and simple objective, written logically and clearly so as to lay down the petitioner’s reason for filing the case, the end remedy petitioner seeks and why the court must favour the petitioner’s case. There are certain other things to be kept in mind while writing a legal brief. In a simple way to understand a case is to write a whole case summary in a gist of it. It clears all the hurdles in your mind with the result being a clear understanding of the judgement which is always easy to remember. Writing a case summary forces you to ask yourself essential questions and find the answers to the same through the entire process of writing the case brief. It helps you to develop a better grasp of the contents of the decision, learn the application of the legal principles, recall them quickly and make critical remarks.

These are the main component content of Case brief:

• Title and Citation
• Authorities Name(Court and Jurisdiction)
• Relevant Facts
• Contentions
• Issue/contention wise judgement (with reasoning)
• Concurring / Dissenting Opinions (if any)
• Law Points / Key Takeaways
• Analysis/Conclusion

Title and Citation:

The proper title of the case must tell you when you write the case summaries. One party initiating legal action to another party in civil litigation so here first party called Plaintiff and to whom against case file in the court is called Defendant . In a simple word the title of the case shows who is opposing whom vs separate the two parties in a case.

Citation of the case helps the reader to find gist of the full judgement. There are various ways to cite an article. You can read about them, here.

Name of Authorities:

Court Name: The name of the court of case tells the exact jurisdiction and power of the court where matter can be conclude. For the example The Supreme Court of India, High Court of Delhi, District Court etc.

Jurisdiction of Court and Power :

Jurisdiction means and includes any authority conferred by the law upon the court, tribunal or judge to decide or adjudicate any dispute between the parties or pass judgment or order. Jurisdiction is key question for the court which goes to the root of the case and decide the fate of matter either at preliminary stage or on merit. If any order passed without jurisdiction, it becomes nullity and not enforceable by law. The jurisdiction of civil courts can be divided on the basis of pecuniary, Territorial, and subject matter.

Pecuniary Jurisdiction : Section 15 of the civil procedure court provides that every suit shall be instituted in the court of the lowest grade competent to try it. As per Civil Courts Act the pecuniary jurisdiction of the courts is as follows: Suits amounting up to Rs.3,00,000/- lie before the Junior Civil Judge’s Courts. Suits over 3,00,000/- and but not exceeding Rs. 15,00,000/- lie before the Senior Civil Judge’s Courts and exceeding Rs. 15,00,000/- lie before District Courts. It is an important to note that High Court has no Pecuniary Jurisdiction and only appeal lies before it

.Territorial Jurisdiction: Section 16 to 20 of C.P.C deals with Territorial jurisdiction of a court. Whereas Section 16 to 18 relates to immovable property and Section 19 deals with suit for compensation for wrongs to persons are movable property. Section 20 of C.P.C is residuary provision and cover all cases not falling under Section 16 to 19.

Relevant facts:

Summarizing and elaborating facts of a case in a simple way is the most difficult task of writing a case brief. The most challenging task here is to determine precisely which facts can be excluded from the case brief. The entire objective of preparing a case brief is to present the case in the most lucid and simplified manner keeping it very precise and to the point. Therefore, facts with unnecessary detail must be burnt out from the brief so that the final statement of facts lose any extra flab and attains the perfect zero figure. This can be done by cutting down on the use of proper nouns and irrelevant dates and figures. For instance, use of terms like “the Plaintiff” or “the Defendant” to describe the parties would suffice in order to convey all the relevant facts without mentioning their names. You also need to figure out if details like whether the car used for kidnapping was Tata Safari or a Maruti Swift or whether the incident took place on a highway, or a city lane are at all relevant.

Statement of facts should set out the nature of the litigation, parties involved, cause of action, relevant laws or key words involved and

the course of decision through lower court/s to the present court. To sum up, here you need to answer five relevant questions –

1. What is the nature of the litigation?

2. Who is asking this particular court for what?

3. Why did they sue?

4. What are the relevant laws in question?

5. What has already been decided so far?

The most important issues is decided by the Judge of the case that what points a particular case came before the court to decide? What are the most significant issues in the case? Try to identify the issues or questions judges explicitly set apart to discuss and decide upon.This part of the case brief should be framed in terms of questions. The issues should never be fact-specific . Each issue should ideally be no longer than a sentence.

Contentions:

The all contentions raised by both the parties to prove their case. Corresponding contentions of opposing parties should be clubbed together.

Based on the contentions, what did the court bench decide? Give briefs points on the same. Did the court decide in favor of the plaintiff or the defendant? What remedy, if any, did the court grant? If it is an appellate court opinion, did the court affirm the lower court’s decision, reverse it in whole or in part, or remand the case for additional proceedings?

Concurring/dissenting opinion:

 There may be cases where one of the judges may differ from the majority opinion. In that case, it is important to write the dissenting opinion. However, you should make sure that the dissenting opinion should be as crisp and precise as possible. There may also be a case in which even though a judge concurs with the other judges he/she may reason differently to reach the same outcome. In that case, it is also important to mention the concurring opinion.

Law points / key takeaways:

 To list out all the relevant legal principles used in the judgement as its basis. You will be able to do it only when you have read the judgement in its entirety. The legal principles should be framed as a declarative statement and must not be fact specific.

Analysis / conclusion:

To evaluate the significance of the case, its relationship to other cases, its place in history, and what is shows about the Court, its members, its decision-making processes, or the impact it has on litigants, government, or society. It is here that the implicit assumptions and values of the Justices should be probed, the “rightness” of the decision debated, and the logic of the reasoning considered.

DK Basu v State of West Bengal – Case Analysis

Anuradha Bhasin v. Union of India- Case Analysis

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How to Write a Policy Analysis Paper in 6 Easy Steps (+Examples)

Working on a policy analysis paper is both challenging and fulfilling. In this article, we'll guide you through the process, whether you're new to the field or experienced. Understanding how policies are made, evaluated, and recommended is crucial for making a difference in public discussions and decisions. We'll cover everything from defining your goals to researching thoroughly, analyzing data, and presenting persuasive arguments. By following these steps, you'll be able to communicate your ideas effectively, shape procedure debates, and contribute to positive changes in society. Should you need more hands-on aid with the assignment, hire a college essay writer for the maximum result.

What Is a Policy Analysis Paper

A policy analysis essay definition is a comprehensive examination and evaluation of a particular policy or set of policies within a given context. It involves analyzing the rationale behind the system, its objectives, implementation strategies, and its intended and unintended consequences. This type of paper aims to provide insights into the effectiveness, efficiency, equity, and feasibility of the approach, often considering various perspectives, stakeholders, and alternatives. Through rigorous research, data analysis, and critical reasoning, procedure analysis papers aim to inform decision-makers, scholars, and the public about the strengths and weaknesses of existing policies and propose recommendations for improvement or alternative courses of action.

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Policy Analysis Paper Purpose

The purpose of a policy analysis paper is to critically assess a specific procedure or set of policies in order to provide valuable insights into its effectiveness, implications, and potential areas for improvement. By examining the underlying rationale, objectives, and outcomes of the implementation, this type of paper aims to inform decision-makers, stakeholders, and the public about its strengths, weaknesses, and impacts on society. 

Students are writing a policy analysis paper in college for several reasons. Firstly, it allows them to develop critical thinking and analytical skills by evaluating real-world policies and their implications. Additionally, it helps students understand the complexities of policy-making processes and how policies impact various stakeholders. Writing analysis papers also enhances research and writing skills, as students must gather and synthesize information from diverse sources to support their arguments effectively. Furthermore, engaging with procedure analysis fosters civic engagement and social responsibility, encouraging students to contribute to public discourse and advocate for evidence-based solutions. Are you dealing with multiple assignments all at the same time? If you’re about to address the audience, say, ‘ write a speech for me ,’ so our experts can relieve your workload.

Topic Ideas for Policy Analysis Paper

Here’s a collection of 50 thought-provoking policy analysis paper topics for your inspiration. In addition, we’d like to offer you informative essay topics for the purpose of learning and self-education.

• The viability of a universal healthcare system: An analysis.
• Plastic bag bans: Environmental implications examined.
• Tax credits for renewable energy adoption: Assessing effectiveness.
• Social security and raising the retirement age: Exploring implications.
• Implementing a four-day workweek: Feasibility assessment.
• Community policing strategies: Effectiveness in crime reduction.
• Increasing the minimum wage: Consequences evaluated.
• School voucher programs: Impact on educational equity.
• Congestion pricing for urban areas: Benefits and drawbacks analyzed.
• Government subsidies for electric vehicles: Effectiveness assessed.
• Zoning laws and affordable housing availability: An investigation.
• National carbon tax: Feasibility and impact explored.
• Mandatory voting laws: Consequences for political participation.
• Drug rehabilitation programs: Effectiveness in reducing recidivism.
• Legalizing marijuana: Public health implications examined.
• Immigration policies and cultural diversity: Assessing impact.
• Privatizing water utilities: Consequences analyzed.
• Anti-bullying policies in schools: Effectiveness evaluated.
• Free college tuition programs: Benefits and drawbacks assessed.
• Wealth tax implementation: Feasibility analysis.
• Ride-sharing services and traditional taxi industries: Impact assessment.
• Gender quotas in corporate leadership: Effectiveness examined.
• National gun registry: Implications and feasibility explored.
• Expanding nuclear energy production: Consequences evaluated.
• Mandatory parental leave policies: Effectiveness assessment.
• Charter school expansion: Impact on public education explored.
• Basic income implementation: Viability and consequences assessed.
• Affordable housing initiatives: Success factors examined.
• Internet privacy regulations: Impact on data security analyzed.
• Corporate tax breaks: Economic implications assessed.
• Universal preschool programs: Long-term benefits explored.
• Climate change adaptation policies: Effectiveness in resilience building.
• Universal voting by mail: Implications for voter turnout examined.
• Reducing military spending: Consequences and feasibility analyzed.
• Workplace diversity training: Effectiveness in promoting inclusivity.
• Renewable energy subsidies: Impact on energy independence assessed.
• Telecommuting incentives: Feasibility and impact on traffic analyzed.
• Carbon capture and storage initiatives: Viability and effectiveness.
• Local food sourcing policies: Benefits for communities examined.
• Police body camera mandates: Impact on accountability assessed.
• Community land trust programs: Success factors and limitations.
• Mental health parity laws: Effectiveness in improving access.
• Corporate social responsibility regulations: Impact on sustainability.
• Universal pre-kindergarten education: Social and economic benefits.
• Land value tax implementation: Impact on property markets assessed.
• Affordable childcare initiatives: Impact on workforce participation.
• Smart city technology investments: Benefits for urban development.
• Flexible work hour policies: Impact on productivity and well-being.
• Prescription drug pricing regulations: Consequences for affordability.
• Public-private partnerships for infrastructure development: Effectiveness and risks assessed.

If you need more ideas, you may want to consult our guide on argumentative essay topics , which will definitely help kickstart your creativity. 

How to Structure a Policy Analysis Paper

A policy analysis paper format demands organizing your content coherently and logically to effectively communicate your analysis and findings. Here's a typical structure you can follow:

Introduction

• Provide an overview of the issue or problem you're analyzing.
• Clearly state the purpose of your analysis.
• Introduce the policy or policies under review.
• Provide background information to contextualize the issue.
• State your thesis or research question.

Policy Context and Background

• Provide more in-depth background information on the issue.
• Describe the historical development of the policies.
• Discuss the context in which the procedure was implemented.
• Identify key stakeholders and their interests in the strategy.

Policy Analysis Framework

• Explain the framework or methodology you're using to analyze the policy.
• Define key concepts and terms relevant to your analysis.
• Discuss any theoretical frameworks or models guiding your analysis.
• Outline the criteria or criteria you will use to evaluate the procedure's effectiveness.

Policy Goals and Objectives

• Identify and discuss the stated goals and objectives of the policy.
• Evaluate the clarity and coherence of these goals.
• Discuss any potential conflicts or contradictions among the goals.

Policy Implementation

• Describe how the policy has been implemented in practice.
• Discuss any challenges or barriers to implementation.
• Evaluate the effectiveness of implementation strategies.

Policy Outcomes and Impacts

• Assess the outcomes and impacts of the policy.
• Evaluate the extent to which the procedure has achieved its intended goals.
• Discuss any unintended consequences or side effects of the approach.

Policy Alternatives

• Identify and discuss alternative policy options or approaches.
• Evaluate the strengths and weaknesses of each alternative.
• Discuss the potential trade-offs associated with each alternative.

Recommendations

• Based on your analysis, provide recommendations for policymakers.
• Discuss specific actions or changes that could improve the process.
• Justify your recommendations with evidence from your analysis.
• Summarize the main findings of your analysis.
• Restate your thesis or research question.
• Reflect on the broader implications of your analysis.
• Discuss any limitations or areas for further research.
• Provide a list of sources cited in your paper.
• Follow the appropriate citation style (e.g., APA, MLA, Chicago).

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How to Write a Policy Analysis Paper

In this section, we'll cover the basics of writing a policy analysis paper. This type of paper involves breaking down complicated policy issues, figuring out how well they're working, and suggesting ways to make them better. We'll walk you through the steps, like defining the goals of the implementation, looking at how it's being put into action, and checking what effects it's having. By the end, you'll have the skills to write a clear, well-reasoned paper that can help shape policies for the better. 

Understanding the Policy Issue

Start by thoroughly understanding the policy issue or problem you're analyzing. Research its background, context, and significance. Identify key stakeholders, relevant laws or regulations, and any existing policies addressing the issue.

Defining the Scope and Purpose

Clearly define the scope and purpose of your analysis. Determine what specific aspect of the approach you'll focus on and why it's important. Clarify the goals of your analysis and what you hope to achieve with your paper. Use an expert essay writing service to streamline your effort in producing a first-class paper. 

Gathering Data and Evidence

Collect relevant data and evidence to support your analysis. This may include statistical information, case studies, expert opinions, and academic research. Use credible sources and ensure your data is accurate and up-to-date.

Analyzing the Policy

A policy analysis paper evaluates the legislative program’s effectiveness, strengths, weaknesses, and implications. Use a structured approach, such as a SWOT analysis (Strengths, Weaknesses, Opportunities, Threats) or cost-benefit analysis, to assess the procedure from multiple perspectives. Consider its intended goals, implementation strategies, outcomes, and unintended consequences. If you need help with SWOT analysis, using our analytical essay writing service is highly recommended. 

Developing Recommendations

Based on your analysis, develop clear and actionable recommendations for policymakers or stakeholders. Identify specific changes or improvements that could enhance the system’s effectiveness or address its shortcomings. Support your recommendations with evidence and reasoning.

Writing and Communicating Your Analysis

Organize your analysis into a coherent and persuasive paper. Structure your paper with an introduction, background information, analysis, recommendations, and conclusion. Use clear and concise language, avoiding jargon or technical terms unless necessary. Provide citations for your sources and evidence. Finally, ensure your paper is well-written, logically organized, and effectively communicates your insights and recommendations.

Policy Analysis Paper Example

A policy analysis paper example serves as a valuable learning tool for students by providing a concrete model to follow and reference when undertaking their own analysis assignments. By studying an example paper, students can gain insights into the structure, content, and methodology of analysis, helping them understand how to effectively frame their analysis, support their arguments with evidence, and formulate actionable recommendations.

Example 1: “Implementing Universal Basic Income”

This policy analysis paper examines the feasibility and potential impacts of implementing a Universal Basic Income (UBI) program in the United States. It explores various options for UBI design, including cost and financing considerations, labor market effects, poverty reduction potential, and administrative feasibility. By reviewing existing evidence and debates surrounding UBI, the paper aims to provide a comprehensive understanding of the opportunities and challenges associated with adopting such a program, ultimately highlighting the need for careful analysis, experimentation, and stakeholder engagement in shaping effective UBI policies.

Example 2: “Addressing Climate Change through Carbon Pricing”

This policy analysis paper examines the role of carbon pricing policies in addressing climate change, evaluating their efficacy, implementation challenges, and potential impacts. Carbon pricing mechanisms, including carbon taxes and cap-and-trade systems, aim to internalize the external costs of carbon emissions and incentivize emission reductions. The paper discusses the economic efficiency of carbon pricing in promoting innovation and investment in clean technologies while also addressing equity considerations regarding its distributional impacts on low-income households and vulnerable communities.

Writing a policy analysis paper is super important for students because it helps them learn how to tackle tough societal problems and make smart decisions. You get to sharpen your thinking skills, learn how to research thoroughly and become better at expressing yourself clearly. Plus, writing these papers helps students practice effectively communicating their ideas, which is a skill they'll need in their future careers, whether they work in government, nonprofits, or elsewhere. By digging into real-world issues, students also get a better grip on how politics, economics, and society all fit together. If you’re not committed to handling this task yourself, instruct our experts, saying, ‘ write my essay ,’ and receive the most competent help within hours. 

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What Is a Policy Analysis Paper Outline?

How to write a policy analysis paper, what is a policy analysis paper, related articles.

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Visiting Professor How to Write a Paper from Case Study

On the 26th of February 2024, BINUS University hosted an insightful workshop aimed at enhancing the academic writing skills of its faculty members. Titled “How to Write a Paper from Case Study/Business Report,” the workshop featured Assoc. Prof. Dr. Nanthakumar Loganathan from Universiti Teknologi Malaysia as the distinguished speaker. The event held at Bandung Campus, provided an invaluable opportunity for faculty members to delve into the intricacies of crafting scholarly papers, drawing from real-world case studies and business reports. With an emphasis on practical strategies and methodologies, the workshop aimed to equip participants with the necessary tools to produce high-quality academic literature.

Following the enriching workshop, BINUS University continued its academic endeavors with a public lecture on international research experiences, specifically tailored for its student body. The event welcomed Assoc. Prof. Dr. Nanthakumar Loganathan once again as the esteemed speaker. The lecture commenced with an opening speech delivered by Prof. Dr. Tirta N. Mursitama, Ph.D., Vice Rector Collaboration and Global Engagement, BINUS University, setting the tone for an engaging discourse on research practices and opportunities on the global stage. Attended by BINUS students eager to explore international research avenues, the lecture provided valuable insights into the significance of cross-cultural collaboration and exposure in the realm of academic inquiry.

Both events underscored BINUS University’s commitment to fostering a vibrant academic environment conducive to knowledge exchange and scholarly growth. With distinguished speakers and active participation from faculty members and students alike, the workshops and lectures served as catalysts for intellectual engagement and professional development within the university community. As BINUS continues to uphold its dedication to academic excellence, such initiatives play a pivotal role in nurturing a generation of researchers and scholars poised to make meaningful contributions to their respective fields and beyond.

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