Provide a shorthand and a comprehensive phrasing of the legal issue or issues in

Question

Provide a shorthand and a comprehensive phrasing of the legal issue or issues in each of the following situations.

(c) Facts: Jones has a swimming pool in his backyard. The pool is intended for use by the Jones family members and guests who are present when an adult is there to supervise. One hot summer night, a neighbor’s child opens an unlocked door of a fence that surrounds the Jones’s yard and goes into the pool. (There is no separate fence around the pool.) The child knows that he should not be there without an adult. No one else is at the pool. The child drowns.
Statute: § 77. Property owners are liable for the foreseeable harm that occurs on their property.

Explanation / Answer

legal analysis The application of one or more rules of law to the facts of a client’s case in order to answer a legal question that will help (1) keep a legal dispute from arising, (2) resolve a legal dispute that has arisen, or (3) prevent a legal dispute from becoming worse. Also called legal reasoning.

THE STRUCTURE OF LEGAL ANALYSIS

The basic structure or format of legal analysis is containing a relatively simple example. Note the process outlined in this exhibit:

You start with a specific rule, such as a statute or regulation.You quote the relevant language exactly.

You state the major facts.

You phrase the legal issue in terms of speci c language in the rule and speci c facts that

raise a question or controversy about that language.

You draw the connection between speci c language in the rule and speci c facts. The

substance of the analysis is this connection. Another term for connection is application—

applying the rules to the facts.
You reach a conclusion based on these steps.

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