CHAPTER 12: ANALYSIS AND CASE BUILDING IN LAW
Chapter 12 provides an application of analysis and case building to the sphere of law. It takes the student
through a particular case at the trial and appellate level. That case can be the basis of a class discussion on
the problems of analysis and case building discussed in chapters 5 and 6. It should be an adequate project
in the beginning argumentation class. Ask the students to read the chapter and look for examples of the
analysis provided by the attorneys and how they prepared their cases. Ask them to look for strengths and
weakness in analysis and case building.
MULTIPLE CHOICE QUESTIONS
1. Aristotle identified legal argumentation as
2. legal argumentation almost always addresses questions about
3. In legal argumentation, narratives can
4. In legal argumentation, the elements of the case
5. In the Ledbetter case, the burden of proof rests on
6. In Ledbetter, the burden of proof required proof
7. The decision of the jury in Ledbetter produced
8. “Claims must be made in a timely manner,” is
9. The general rule that courts will respect prior decisions in similar cases is called
10. The Ledbetter case illustrates the importance of arguments about
ESSAY QUESTIONS
1. Compare and contrast the narratives produced by Ledbetter, Alito, and Ginsberg. Explain how they
were reflective of the perspective of the person producing the narrative.
2. Select at least two of the commonplaces in legal argumentation that were discussed in Ledbetter, and
EXERCISES/PROJECTS
1. Interview an attorney to learn about the particular characteristics of legal argumentation. Write a report
2. Ask the attorney to give you copies of the briefs from both sides of an appeal. If you cannot find an
attorney who can do this, ask the librarian to help you do a search in Lexis/Nexis to find copies of
3. Again through Lexis/Nexis, obtain a copy of a judicial decision. Write a critical essay evaluating the
4. Ask the librarian for directions to the U.S. Supreme Court on the Internet. CSPAN is a good way to do