Law and Case

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Counteranalysis Legal research is not only about discovering how the law applies, it is also about determining how strong case is. Using legal research we are analyzing strength and weaknesses of client’s case, and using counteranalysis we determine how opponent can use weaknesses against us. In this paper we will establish why counteranalysis is important and why do we use it, when we use it and where we can apply it. Analysis is application of law to the case. And when we know what analysis is it is not difficult to determine what is counteranalysis. Counteranalysis is anticipating of argument that is likely to be raised by opponent as a respond to your analysis. Argument that is brought as a result of other argument is called…show more content…
It is very important to be careful and to check all relevant cases that can be found in Shepard’s. What we need to keep on mind is that we need to check headnote and key number of client’s case and than to check digest for other cases on topic because Sheapard’s identify only those cases that mention the case we are researching. By checking digest we can find cases that may interpret law differently. Also what we need to check is dissent. There we can find references to cases and other sources that can support counterargument. There is possibility to find case where facts of client’s case and facts from the court opinion are different in such way that the position of the dissent may apply. Treatise can be shown as very good source because analysis in those usually includes arguments and counterarguments. Treatise that has an ALR annotation includes full analysis of the issue and many arguments and counterarguments that are supporting decision. Also there we can find references to other cases and various sources. One more useful source is a law review article. It provides analysis and critique and there can be found discussion on question that it relevant to client’s case. Same as ALR there can be found references to numerous other cases and other research sources. Research is something that comes before counteranalysis. Through research we are supposed to get closer to issue or legal position being addressed, and than to find out weaknesses according to which
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