week 3 Flashcards

study week 3 material (11 cards)

1
Q

What does it mean to ‘Think Like a Lawyer’?

A

Involves emotional detachment, moral neutrality, rational analysis, and strategic thinking.

Emotional detachment means staying objective and avoiding personal bias. Moral neutrality focuses on legal rights and responsibilities rather than personal opinions. Rational analysis employs logic and legal reasoning. Strategic thinking finds the best legal solution within the law.

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2
Q

What are the reasons for solving legal problems?

A
  1. Protecting Rights
  2. Ensuring Justice
  3. Resolving Disputes
  4. Preventing Future Problems

Protecting rights safeguards freedoms like liberty and property, while ensuring justice holds violators accountable. Resolving disputes settles conflicts, and preventing future problems involves clear contracts and legal compliance.

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3
Q

What is the key takeaway about thinking like a lawyer?

A

Thinking like a lawyer means staying objective, using logic, and focusing on legal solutions to solve problems fairly and efficiently.

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4
Q

What is legal analysis?

A

Legal analysis is key to effectively solving legal problems, requiring understanding of the law, critical thinking, and application of legal principles.

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5
Q

What are the steps to solve legal problem-style questions?

A
  1. Carefully Read the Question
  2. Carefully Read the Law
  3. Examine the Information Given
  4. Apply the Law to the Facts
  5. Prepare a Structured Response

Each step is essential for analyzing and resolving legal issues.

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6
Q

What are the general steps for solving legal problems?

A
  1. Identify the Legal Issue
  2. Research the Law
  3. Evaluate Options
  4. Develop a Plan
  5. Take Action
  6. Review and Adjust

These steps provide a systematic approach to resolving legal issues.

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7
Q

What key skills are essential for solving legal problems?

A
  1. Critical Thinking
  2. Research Skills
  3. Communication Skills
  4. Problem-Solving

These skills are crucial for analyzing facts, presenting arguments, and developing strategies.

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8
Q

What is research design in legal research?

A

A structured plan for systematic, organised, and reliable legal research.

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9
Q

Why is research design important in legal research?

A
  1. Ensures Research Integrity
  2. Provides Clear Direction
  3. Improves Reliability
  4. Synthesises Legal Sources

Research design helps maintain accuracy and reliability while structuring data collection and analysis.

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10
Q

What does the IRAC method stand for?

A
  1. Issue
  2. Rule
  3. Application
  4. Conclusion

This method provides a clear way to analyze legal issues.

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11
Q

What is the conclusion regarding research design in legal research?

A

A well-structured research design helps solve legal problems effectively.

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