Legal case study method

The purpose of the study is to learn how or why something happens or is the way it is, and this is achieved by collecting and triangulating a range of data sources to test or explore hypotheses. Whatever you choose to do, make sure that it works for you, regardless of what others recommend.

It also seeks to explain which elements of context may mean that some of the findings are applicable to other situations and if so under what conditions. Further, even if the research were not to be read outside of an academic environment, it is incumbent on all academics to produce research that is reliable and robust, lawyers are quick to critique legal scholarship that had been poorly executed and socio-legal scholarship should be treated no differently.

The Selection of Data Sources, Data Generation and Collection Strong research design logically links the research question s with the hypotheses, with the data generation and collection methods, which in turn should be logically linked with the data analysis methods employed too.

Foreword in Yin, xviii. Where causal inferences are the point of the study, it may be possible to develop these with a well-chosen cross-case multi-case case study design. Noten 1 For insight into the extent to which legal researchers undertake empirical research and the lack of clarity around empirical methods in law see Epstein, L.

This may seem simple, but the court may talk about multiple issues, and may discuss multiple arguments from both sides of the case.

The organisations have to choose one of the available techniques so that they can thoroughly conduct their investigations. That way, when you come back to the first cases of the semester, you will not be confused with multiple color schemes. Be sure to distinguish the issues from the arguments made by the parties.

One common technique is to provide almost all of the entire text of a landmark case which created an important legal rule, followed by brief notes summarizing the holdings of other cases which further refined the rule. Falsification offers one of the most rigorous tests to which a scientific proposition can be subjected: This pre-emptive delineation of as many possible observable implications, and how they could be measured, would allow the researcher to plan how to conduct the study and to adopt an appropriate design more likely to lead to a robust answer to the research question.

You should include the facts that are necessary to remind you of the story. A mechanical pencil will also give you the freedom to make mistakes without consequences. In a case where the market of any organisation is in a messy state, the agency will always seek to find out some of the reasons why the scenario is that way.

Additional relevant documentation, such as financial statements, time-lines, and short biographies, often referred to in the case study as exhibits, and multimedia supplements such as video-recordings of interviews with the case subject often accompany the case studies.

After completing her literature review she understands that the key aims of the reforms were to reduce the number of cases going to court by increasing the number of cases that result in negotiated agreements between the divorcing spouses and in doing so to reduce the cost and the time involved in reaching outcomes in divorce cases, reduce the need for people to use lawyers in the negotiating process, to reduce acrimony between the divorcing spouses and to reduce the negative effects on children.

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. Under the more generalized category of case study exist several subdivisions, each of which is custom selected for use depending upon the goals of the investigator.

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. If annotating and highlighting are so effective, why brief. The case study is well suited for identifying "black swans" because of its in-depth approach: Outlines often remove many legal nuances and fact specific distinctions in case law to establish more generalized legal principles.

For guidance on comparative methodology in a legal context see: Advantages of surveys[ edit ] One of the benefits of this method is that the company will be able to get feedback from a significant portion of customers.

Law and Method

By selecting cases strategically in this manner one may arrive at case studies that allow generalization. Political discourse is often jarring.

Teaching case studies have been a highly popular pedagogical format in many fields ranging from business education to science education. Questions can often be reframed, for example: By now the researcher is likely to have a very good idea of the types of data that may be relevant to the study derived from documents, people, extant statistics, other artefacts like images ,50x Yin sets out six sources of evidence: The air pump made it possible to conduct the ultimate experiment, known by every pupil, whereby a coin or a piece of lead inside a vacuum tube falls with the same speed as a feather.

Learn how to write a case brief for law school with a simple explanation from LexisNexis. 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. Have questions about law school? Get advice about law school from law students and legal professionals at the LexTalk legal.

How to Brief a Case Using the “IRAC” Method When briefing a case, your goal is to reduce the information from the case into a format that will provide you with a helpful reference in class and for review.

For instance, Harvard Law School presents the difference between case study method and case method. While the first method uses a narrative of a legal dilemma to showcase the principles of law, the second one uses a court decision for the same purpose.

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.

Case Method. A system of instruction or study of law focused upon the analysis of court opinions rather than lectures and textbooks; the predominant method of teaching in U.S. law schools today. Case Method.

Why and How: Using the Case Study Method in the Law Classroom

A system of instruction or study of law focused upon the analysis of court opinions rather than lectures and textbooks; the predominant method of teaching in .

Legal case study method
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The Law School Case Method | The Princeton Review