Case Analysis - Think Like A Lawyer

The "Think Like A Lawyer" Framework

• What area of the law is involved (e.g., contract, tort, copyright, etc.)?

• Who are the parties?

• Which court or administrative body (e.g., Board of Contract Appeals) issued the opinion - state, federal or foreign?

• Where in the court procedural stage is this case - trial, appellate, final appeal with a state or federal court (e.g., US Supreme Court)?

• What law applies (state, federal, international)?

• Is the court construing statutory law, regulatory law, or prior case law?

• What's is the subject matter of the case - e.g., software sale, services, federal procurement?

• What are the basic facts of the case and how does it relate to your situation?

• What is the legal issue (e.g., preemption of state law by federal law)?

• Which party prevails according to the court's opinion?

• What legal rule, if any, does the court create with this case?

• What is the final outcome? This could include a money award, an injunction, the court's (a) affirming
(approving) the lower court's decision, or (b) overturning the lower court's decision, etc.

• How does this decision affect your contracting situation?

• What if any "public policy" (generalized) implications does the case establish? For example, the US Supreme Court in Miranda vs. Arizona (1966) established uniform guidelines for suspects to be warned of their legal rights upon being arrested.