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Analyse and Plan

Step 1. Analyse and Plan

Legal problems do not always fit into definite areas of law, such as contract law or criminal law. Sometimes more than one area of law can be involved in a legal problem. These steps will help you to focus on which legal issues are in dispute:

  • Analyse the facts of the case, and
  • Determine what legal principles they represent

It is important to research the legal principles involved rather than the facts of the case. This will ensure that your search is focussed upon legally relevant material.

Once you have determined the legal principles use these as your keywords in your search strategy.

mouse-copy1.png Task: Try it Yourself!

Legal Research Task

Robert Smith was 'king hit' on the back of his head while on the premises of the Santa Lucia Hotel by Mr Hyde, an excessively drunken patron in an unprovoked attack. Robert is currently in hospital fighting for his life. Advise the hotel proprietors whether they are liable for not taking reasonable care to protect Robert Smith from the attack.

What are some of the key legal issues involved?

Answer

duty of care | licensee | liquor

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