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• Learning Modules
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• Introduction
  
  
• 1.1 Evaluating the Legal Problem
  
  
• 1.2 Factual Analysis
  
  
• 1.3 Issue Determination
  
  
• 1.4 Learning to Re-Evaluate the Legal Problem
  
  
• 1.5 Locating the Law
  
  
• 1.6 How to analyze and communicate what you have learned
  
  
• Review and Conclusion
  
  

The Research Process – Learning to Re-Evaluate the Legal Problem

Remain Flexible At All Times!

• As noted above, analysis of the legal problem is a critical initial step in the research process.
• But it is important to bear in mind that the research process can be cyclical. It may become necessary after locating and reviewing the law, to return to the factual and issue analysis stage and re-evaluate the legal problem.
• Why? Unless you are already quite familiar with the legal area(s) at issue, the significance of certain events, claims, or people may not be readily apparent to you at the outset. Furthermore, the knowledge of the law which you develop after conducting preliminary research may cause you to re-evaluate your determination of the issues. With this in mind, the following could result:
  • Facts you initially assessed as being relevant and at the heart of the problem could become irrelevant;
  • Facts which seemed to be unimportant develop greater significance; and/or
  • Issues which you did not originally anticipate, now seem to require further investigation.
• To illustrate, consider the following fact patterns:

  EXAMPLE: A 15 year old girl who is a Jehovah's witness is admitted to the hospital in serious condition. She requires a blood transfusion to sustain her life. Without it she has a minimal chance of survival. Both the girl and her parents are refusing consent to administer the blood transfusion on the basis that it would be contrary to their religious beliefs. The girl's condition is worsening, and the physicians are seeking legal advice as to their options and rights.

  • You were probably drawn to the issue of whether or not a physician can override the family's wishes or their "consent” in this type of emergency situation, particularly given the girl's age.
  • However, preliminary research might reveal other issues or sub-issues that you did not initially think of due to a lack of familiarity with the legal context.
  • For example, could the physicians request child welfare authorities to intervene? How might Charter-related questions such as freedom of religion influence the result?

  EXAMPLE: Phil bought a car from Erik. Phil didn't really want to buy the car, but felt pressured into it by Erik who was his boss. One night, over dinner and drinks at a restaurant, they entered into an agreement, scribbled on the back of a napkin, where Phil would pay off the car by a certain amount each month over 3 years. If Phil defaulted at any time, Erik could demand immediate payment of the entire outstanding amount. Over the first two years, Phil made every single one of his payments but was usually late. In the third year, Phil made another late payment. Erik then demanded the rest of the money owing to him as per the agreement they had made.

  • When analyzing these facts, you likely questioned whether or not the agreement was a binding, enforceable contract given the circumstances in which it was made (the alcohol, the pressure, the fact that it was written on a napkin).
  • The fact that Phil almost always made his payments late may not have seemed as relevant.
  • However, while you are conducting your initial research in contract law, you came across a principle called "estoppel” which, in certain circumstances, can prevent a party from invoking their strict rights under a contract if they have not enforced those rights in the past.
  • Suddenly, Phil's lateness is highly relevant because Erik seems to have permitted it on a number of previous occasions over the first two years of the agreement.