Macro Analysis
Macro analysis involves looking at the big picture or the overall shape,
boundaries and structure of a subject, in this way showing how it hangs
together. The form that these take can vary from area to area of law, although
remedial laws, for example, possess a similar macro structure.
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By giving the big picture macro analysis makes learning an area of law much
easier than it would otherwise be. It furnishes a framework or structure that
allows a person to relate each law or rule to some other law or laws. This is
beneficial because understanding and remembering are both enhanced when
we know the relationship between items. In turn, it is an aid to writing because
the true source of clear writing is a good understanding of the subject matter,
including an accurate sense of its overall shape.
Micro Analysis
Micro organisation or analysis is performed on each law or rule within an area
of law. Structurally, micro analysis has the same form for all rules. What varies
are the specific components of the analysis.
To perform micro analysis of a rule one breaks the rule into three parts:
(1)
Elements. A rule can be divided into a check list of elements. An
element depicts a type or category of facts. Taken together the elements depict
the overall category of facts to which a rule applies. In short, the elements
describe the required facts for the rule to apply.
(2)
Consequences. Consequences apply to the parties involved when each
of those elements is satisfied by the facts in a particular case. For example,
when a rule of criminal law applies the defendant is guilty of a crime and is
liable to punishment. When a rule of tort law applies the defendant is generally
liable to pay damages to compensate the plaintiff for their injury.
(3)
Conditional Statement. A legal rule is constituted as a conditional
statement that links elements and consequences. Elements describe the overall
category of facts to which a rule applies. Consequences describe how the
parties to those facts will be legally affected when the rule applies. These are
joined in a conditional statement that takes the form: “When facts of the kind
delineated by the elements occur, the consequences designated by the rule
apply”.
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Remedial law consists of the following types of rules. (i) Action provisions.
These create a cause of action where the element being substantive law and the
consequences are remedial law. (ii) Establishment provisions. These establish a
court, tribunal or office. (iii) Jurisdictional provisions. These indicate which court
or tribunal or official can hear the case involving the action provision. (iv)
Procedural provisions. These prescribe the rules for making the decision.
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