8 Best Ways to Critically Analyze Legal Updates
By: Aashima Singh
Tags: Law Firm Marketing, Legal Videos, Legal Analysis, Legal Updates, Video Marketing

Analyzing is critical as it involves making a judgment about the quality of a content or to see whether it is supposed to be supported by many or not. Critical legal theory is the theory to examine how critical thought disclaims what is to be accepted as natural and universal order.

INTRODUCTION

Legal analysis or in other words scrutinizing the legal content into breakdowns to reach to a conclusion. Which is actually done by the way of reasoning in support of the conclusion or answer to some legal problem or update. A complete and thorough legal analysis must include the applicable rule or law, as well as the applicability of the law to the facts. Traditional legal analysis can be challenging for the beginners. The analysis which is done traditionally is majorly practiced by the experts or scholars. If we take students as example, they may be able to lucid the correct conclusion or answer the legal problem but they would often struggle to provide reasoning in support of their conclusion.

WHAT IS THE BASIC TOOL OF ANALYSIS?

“Analysis does not transform consciousness.”

Every researcher or scholar analyses some content by using a tool. The tool is decided by the analyzer in a way depending upon the matter as well as the thoughts of the analyzer about the matter.

There is the reasoning in law and in life which is actually the traditional tool. It involves hypothetical situations supporting the argument. Analogical legal comparative reasoning is most useful when there has not been any precedent in the appropriate jurisdiction for the same matter. Analogizing the facts and different situations to the legal content.

THEORIES OF LEGAL ANALYSIS

Here are some theories which have been evolved over time to analyze the legal content or update. Whichever approach you use, it depends upon the circumstances and the type of the matter. The major theories are:

1. Legal process theory: if you understand the process of law, it is going to be the main approach for the legal analysis. As it involves the interpretation and of process or procedure, it will become easier to list down or determine the relevant cases or laws regarding the subject matter.

2. Law and society: the approach is based on the basic concept that Society and law cannot be separated from each other. Law and society are both transforming and dynamic which is the basis of analyzing any legal update. If the update is relevant to the needs of society or not is the primary question to decide.

3. Economic theory: Law encompasses the basis of an economy this framework is based upon the fact that legal rules are created to foresee the replications on economy.

WHY DO WE NEED LEGAL ANALYSIS- criticality of legal update analysis?

Legal analysis results in several possible conclusions about a legal update. The conclusions help in viewing the particular subject for various point of views to have an understanding focused on different aspects of some matter.

It is also necessary for the introduction of flexibility into the law and to know if it goes along with the changes if the society. It is surveyed by ALM that, 90 percent of respondents have used Legal Analytics during the past three years to add value to their firms.

WAYS TO ANALYSE THE LEGAL UPDATE

The process of legal analysis also involves skills and techniques to reach to a conclusion at last. Elements of law play a very important role in deciding the things to base our analysis upon. Some of the amicable ways are

Applying the law to the facts of the case.

When there is any latest update in the legal landscape, it is important while analyzing that whether the update is based upon the law it is related to. In simple language, applying the law to the facts and issues of the matter. Determining the laws which may be legally significant. It also involves determining the legal facts. Legislations and statues govern the majority of legal updates, so it is important to identify the law and its section of=r provision that is attracted to the latest legal update. Reading the statutes is the basic thing to start with.

2. Applying the relevant legal principles or legal theories: it involves the following steps:

· Formulation

· Evaluation

· Selection

There is a relationship between facts and law. It is used in supporting the legal arguments. Legal theories, supporting legal arguments and disagreeing arguments, and the evaluation are expressed formally to reach the conclusion.

A legal theory is how you hypothesize the relationship between law and facts that entitle the analysis a conclusion.

3. Determining, comparing, contrasting, and synthesizing the cases

Case law includes a body of legal precedents i.e., court’s judgments that gradually develops with time. The case law basically develops in agreement with the principle of stare decisis. There is always a certain relationship between case law and legislation so far. The case law tends to highlight and uncover the principles beneath a case law associated with it.

4. Gathering Interviews and information

This method basically includes interviews, group communications, presentations, etc. which have been there related to the topic matter. Any update will affect the society so, it is important to note the various discussion happened in bringing that update or happened due to the update. You might come across at least an update on a daily basis, so, such information related to the update will bring a pace to finally connect with the update.

5. Notes or comments of jurists or scholars

This is basically focused on the analytical and sociological school or view of jurisprudence. The jurists emphasize their attention on the social purposes and interest served by a particular law. Same is the case with the legal update. The analysts are concerns with the law as it is existing in the society. Is the legal update pertinent to the ongoing needs of the society? The exponents of these schools study the law as it is strictly applied by the superiors.

6. Gather estimates or statistical information

Statistics makes it easier to reach to wise decision in the aspect of certainty or uncertainty. It involves Aggregation of facts affected by the factors involved and representation in numbers to determine the accuracy and relevancy.

7. Determining the Purposes and policies behind the update

There is always some policy and intention behind bringing an update in law. There are various rules to determine the intention of the constructors of the legal update such as the mischief rule, the Baron Parke’s rule, etc.

Beyond carious documents, any update is brought to you by the support of the purpose behind it. It is important for interpreting the update in the least conflicting sense and reach to a conclusion.

8. Formal Discovery

Formal discovery involves the discovering of facts that are usually not available to the public. It is clearly regulated by the law. It may include interrogations, taking views of different people, etc. it is basically gathering of the facts which are not yet known or people ae not aware of.

Legal analysis is a process of multiple steps and ways. It actually depends upon your circumstances that how the analysis is done for an update. Whatever be the approach, it will definitely help you to reach a conclusion and present your arguments about a legal update or law.