The second component of the composition of a legal analysis is that of the the rule, which is meant to specify exactly what “rule” or law takes the role of governance or authority over such an issue. This issue is that which will have been stated immediately prior to this section. Prior to beginning such a task, you must first “extract the rule.”
“Extracting the rule” is comprised of three steps: establishment of the rule as according to case law, restatement of the rule according your own interpretation of it along with each component that must be justified, and description of the “public policy” that provides the foundation for the rule. When establishing the rule, seek out “declarative” statements that assert the issue at the center of the case at hand. Examples of such statements include: “as a matter of common law.