ABSTRACT
This chapter discusses the techniques for analyzing statutes and cases. It covers the various components that may be found in a well-written judicial opinion, the significance of each, and how each should be analyzed. A judicial opinion usually begins with a description of the facts. This is a narrative of the events that gave rise to the dispute submitted to the court for decision. To decide the questions presented, the opinion begins by announcing rules of law. These are general principles of law that state that, under a particular set of circumstances, a certain right or duty exists. In identifying rules of law, whether those rules are drawn from case law or from enacted law, the lawyer must be careful to characterize correctly the precise right or duty created. In applying a rule to a new situation, the lawyer must ensure that the characteristics of the right or duty are not changed.
