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Introduction to Legal
Research, Analysis and
Writing
UEL. 2021
Dr Hien Trinh
About the LRW
course
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Practical approach
Problem solving
Legal skills: doing legal research, analysing and writing
Reading (court opinions) a lot
Course policy
• Professionalism and attendance
• Timely, well-prepared, respectful
• Regular attendance
• Computer, tablet, cell phone and the like
• No tablets, cell phones and other communication devices
• Computers are not allowed for non-class activities
• Recording
• Not allowed
• Plagiarism
• No excuse
• 30% or more: zero graded
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About legal
research, analysis
and writing
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This Photo by Unknown Author is licensed under CC BY-SA
Roles of lawyers
Investigator Advisor Advocator
Discovering relevant facts Communicate the result of legal In a court room
Researching how the law affects research Other situations: arguing and
the client’s situation Verbally or in writing persuading to seek a favourable
outcome for the client
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Legal analysis
• (narrow sense) Analysis of law
• Enacted law
• Case law
• (broad sense) The process to identify the legal issue, the applicable rules and how the
rules apply
• Problem-solving process
• Not an abstract analysis
• Dealing with facts
• (Dispute) Solution expected
Analytical process: IRAC
Issue Identify the issues raised by the facts
Rule Identify the governing law
Application Explain how the rules apply to the issue
Conclusion Summarize the result
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Legal research
• Research
• Investigate systematically
• Legal research
• Finding information, primarily legal authority to support legal
decision-making
• In broad sense, finding answers for legal problems
• Results of legal research should be conveyed to targeted audiences
When does the legal research take place?
Research Analyse
Issue Rule Application Conclusion
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Starting research
• Prepare to research
• Facts and information gathered
• Preliminary legal research to understand the area of law involved
• Identify key terms/words
• Secondary sources first
• Textbooks, journal article
• Particularly not familiar with the area of law
• Good starting point to identify primary sources
• Primary sources
• Statutory law
• Caselaw
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Legal writing
• Present the results of legal research and analysis in writing
• Give resolutions for issues raised by a real-life problem
• Giving information about the governing law and how it applies to the case
• Providing predictions supported by legal research, reasoning and analysis
• Setting aside the status or evolution of the concerned area of law
• Distinguished from transactional documents: contracts, guidelines, regulations,
charters…
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Forms of legal writings/Memoranda
In law firms In courtrooms
• Office/research memoranda • Complaints
• Internal use, not popular in Vietnamese • Trial court briefs
law firms (expense, time consuming…)
• Addressed to colleagues (usu. assigning • Appellate court briefs
attorney…)
• Advisory letters or Memoranda
• Addressed to the client
• Responding the client’s questions or
questions raised by the client case
• Demand/Advocacy letter
• Addressing opposing parties
• Persuading them to act or cease acting
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