Legal Problem Solving and Syllogistic Analysis

Understanding how to go about solving legal problems is a critical skill law students require in order to achieve success at law school and later in professional practice. This innovative text is a guide to developing students’ critical thinking in solving legal problems through the application of the principles of logic.

The authors explain how syllogistic analysis provides the underlying basis for legal problem solving using the IRAC method commonly taught in foundation law studies.

Drawing on everyday examples, the processes of everyday reasoning are used both to deconstruct and reconstruct the reasoning itself. The step-by-step approach demonstrates the application of legal reasoning and research to generate appropriate responses to legal issues. It assists students to engage in critical analysis so as to make a reasoned choice amongst alternative responses to those legal problems.

For lecturers, the book is supported by an online teaching guide and a suite of supplementary learning resources.

The learning and use of syllogisms as the basis for IRAC and its variants is supported with accessible models, clear analysis and scaffolding. The methodology is supported by research into the most effective teaching and learning approaches and incorporates scaffolding, provision of feedback, teacher-student interaction, student-centred teaching, contextualisation, drawing on students’ experiences and empowering students by equipping them with the cognitive skills required in real-life lawyers from the outset of their law studies

Features

• Explains the use of the syllogism as the foundation for all legal deductive logic in problem solving
• Improves critical thinking in solving legal problems
• Presented in a teaching template that is suitable for foundation legal studies students
• Uses everyday learning experiences to demonstrate the techniques and applies them to legal analogies

Related Titles
Bott & Talbot Stokes, Nemes & Coss’ Effective Legal Research, 6th ed, 2015
Chisholm & Nettheim, Understanding Law, 8th ed, 2012
Corbett-Jarvis & Grigg, Effective Legal Writing: A Practical Guide, 2014
Field, Duffy and Huggins, Lawyering and Positive Professional Identities, 2014
Hall & Macken, LexisNexis Guides: Legislation and Statutory Interpretation, 4th ed, 2015
Stuhmcke, LexisNexis Guides: Legal Referencing, 4th ed, 2011

About the Authors

Kenneth Yin is a lecturer in the School of Law and Justice at Edith Cowan University, and was a winner of Dean’s Award for Excellence in Undergraduate Teaching 2011. He formerly practised both as a solicitor and as a barrister at the Western Australian Bar.

Anibeth Desierto is a sessional academic at Curtin University of Technology, with responsibility for delivery of in-house courses and pathway programs for international students including the areas of research, academic literacy and communication skills. She has had extensive experience in the design, delivery and evaluation of customised courses in Australia and overseas for both the private and public sectors.