ASSESSMENT
At this stage, we initially assess a case whether the case has some merits and genuiness in it. For this purpose we mark a case to the relevant attorney who writes a brief of the case and eveluates it for further process. The attorney may consider the following factors;
- whether the case is binding or persuasive.
- the level and jurisdiction of the court.
- the closeness of the facts to your case.
- the closeness of the legal issues to your case.
- the soundness of the reasoning in the case.
- pertinent case law in reaching its decision.
- the age of the case.
Read the case Critically
We consider whether the reasoning employed in the case is Rule-based: by establishing and applying a rule of law. Analogical: a case with similar facts should govern. Policy-based: we reach the answer on the basis that this result will be best for society at large. Narrative: the case tells a story that calls forth this result. A combination of these forms of legal reasoning.