reliable paper writing on ANALYSING LEGAL PROBLEMS

This week we will look at a hypothetical situation and rules, so you can try your skill at legal analysis. This is a skill you will need to use to apply real legal concepts and scenarios in the following weeks.

Legal exercise – fact analysis

All cases start as an event in life.  Try to gain an understanding of the events surrounding the incident and make your own analysis of the situation.

 

It is an October morning, the time is 6.30 am.  It has rained heavily overnight. Ricky Moon is on his way home on his bike.  He comes up to a crossroads and slows to a stop. His bike starts to skid. Ricky and the bike slide into the major road.   George is driving his car along the major road when Ricky and bike slide directly into his path. George stamps on the brake and swerves the car to avoid Ricky.  He goes over Ricky’s foot and ends up on a pedestrian island crashed into a bollard.   Tom is also on the major road driving 10 miles over the speed limit.  He sees George swerve and crash.  He slams on his own brakes and goes into a skid.  His car ends up in a hedge but unfortunately hits a tree trapping his passenger, Mandy.   Dr Sharp is on his way home from a party.  He is very tired. He sees there has been an accident but does not stop to help.   Mandy is severely shocked from loss of blood and collapses, Tom believes she will die and he cannot do anything to help her.  Mandy survives although she loses her leg as a result of the accident.   Tom is so distressed by his experience of seeing his partner near death that he becomes severely depressed and cannot work for several months.

 

Individually

Spend 15 minutes analysing the scenario and consider the following:

 

1. Attempt to draw a diagram of the scene of the accident.

 

1. What gaps has the narrator left in this story?

 

1. Who do you consider to be blamed for this accident?

 

1. Is this a story about criminal wrongdoing or one to be sorted out by one party compensating the others with money?

In groups

 

1. Compare the different factual analyses you have each made.

 

1. What other information do you need, to sort out what actually happened?

 

1. Discuss who you think has responsibilities for the injuries that have occurred.

 

1. Who in the scenario, if anyone, deserves punishment or compensation?

 

1. From this, consider hypothetically what laws should exist and how they would apply to this situation. (Note: please do not worry if you are studying law for the first time. You should consider this last point as hypothetical only. So, if you know of laws that currently exist or can think of any that should exist, please include these.)

 

 

 

 

 

 

 

 

 

 

 

 

 

Approach to analysing a legal problem scenario  (4 step approach)

 

When writing an answer to a legal case study you need to:

 

CLAIM

1 State the issues (i.e. what the legal claim is, by whom and against whom, and the legal concepts you will be explaining in relation to the scenario).

 

LAW

2 State and explain the legal rules that have to be established in relation to the type of legal claim relevant to the scenario. (This will involve referring to past case law and statutes as relevant to the question).

 

EVALUATION

3 Apply the rule(s) to the facts in the case study, suggesting alternative outcomes where relevant. (e.g. explain how the rules will apply, and debate whether you could argue alternative possible ways they could apply).

 

OUTCOME

4 State the overall conclusion if appropriate.

 

 

*Now see the exam rubric and specimen paper at the back of your handbook

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