LEGAL PROBLEM SOLVING

EXPLAINED
Steps for solving the legal problem of the case study
LEGAL PROBLEM
SOLVING(LPS) IS:

the analysis of a set of facts which trigger one or more legal

issues.

the resolution of the issues, through the analysis and application

of the relevant law to the particular facts presented.
PLS MODELS -MIRAT
There are a number of LPS models all reflecting the five steps.

We are going to use the MIRAT approach which applies to each issue raised in a legal problem
including:

1. Material Fact;

2. Issues of law and policy

3. Rule

4. Arguments/application

5. Tentative conclusion.
MIRAT- QUESTIONS TO
DETERMINE THE MATERIAL
FACTS
As applicable to each research problem:

WHAT happened, and what is the desired outcome?

WHO was responsible for the event, and to whom did it happen?

WHEN did the event happen?

WHERE did the event happen?

WHY did the event happen?

HOW did the event happen?

MIRAT- LEGAL ISSUES

Need not be overly specific at this stage.

The legal issues should be stated in the form of a question.

It is often useful to approach the Framing of the issues in terms of

possible rights and liabilities.
THE MERAT PROCESS-RULE

The rules (also called authoritative law) may include:

Precedent (statute or case law)

Legal principle

Policy
THE MERAT PROCESS-FROM
ARGUMENTS TO APPLIED
CONCLUSIONS

Effective legal reasoning is key to:

Apply the law to the facts of the matter;

Examine the issues;

Find out the arguments and counter-arguments; and

Provide a conclusion.