Computer-Assisted Legal Research

Stare Decisis

The basic principle in the case law system that requires similar cases to be decided in the same way is called:

Precedent and Stare Decisis

The determination of whether a case is on point is important because of two doctrines:

False; Precedent is an earlier court decision on an issue that governs or guides a subsequent court in its determination of an identical or similar issue based on identical or similar key facts. A case is precedent (on point) if there is a sufficient similarity between the key facts and rule of law or legal principle of the court opinion and the matter before the subsequent court.

The doctrine of precedent requires a court to follow a previous decision of that court or a higher court in the same jurisdiction when a current case involves issues and key facts identical to those involved in the previous decision.

Determine whether the key facts in a client's case are sufficiently similar to the key facts in the court opinion

The first step in determining whether a case is on point is:

True

The key facts must be identified before determining whether a case is on point.

True

The terms on point and precedent are often used interchangeably.

Persuasive Precedent

When a court decision is from another jurisdiction, the precedent is:

True

A case that governs or affects the outcome of a client's case is commonly referred to as being "on point."

True

A court is more likely to adopt persuasive precedent from a court within the same jurisdiction than from a court outside that jurisdiction.

False; A court opinion interpreting one case law rule or principle may be used as precedent for a client's case that involves the application of a different case law rule or principle when there is similarity in the following: The language used in the case law rules or principles The function of the case law rules or principles

A court opinion interpreting one case law rule cannot be used as precedent for a client's case that involves a different case law rule.

Both the language and the function of the legislative acts are similar

A court opinion interpreting one legislative act may be used as precedent for a client's case that involves a different legislative act when:

True

A higher court may refer to and use a lower court decision as guidance when deciding a similar case.

True

A major difference in key facts does not necessarily result in a determination that the case is not on point.

True

Although the key facts in a client's case and in a court opinion are different, the court opinion may still be considered on point if the rule of law is so broad that it applies to many different fact situations.

On all fours

An opinion in which the facts of the court opinion, the facts of a client's case, and the rule of law are identical is called:

True

If a court opinion is on point, the doctrine of stare decisis mandates that the lower courts in the jurisdiction follow it.

True

It is always risky to argue that a court's interpretation of a provision of one statute applies as precedent for the interpretation of a provision of a different statute.

False; It is rare to find instances in which the key facts are identical. Usually there is at least some difference in the key facts.

It is not unusual to find instances in which the key facts in a client's case are identical to a court opinion.

Mandatory Precedent

Precedent from a higher court in the same jurisdiction is called:

Persuasive Precedent

Precedent that a court may look to for guidance when reaching a decision but is not bound to follow is called:

False; The doctrine of stare decisis is a basic principle of the case law system that requires a court to follow a previous decision of that court or a higher court in the jurisdiction when the current decision involves issues and key facts similar to those involved in the previous decision. In other words, the doctrine of stare decisis requires that similar cases be decided in the same way; it mandates that cases that are precedent should be followed. The doctrine applies unless there is good reason not to follow it.

Stare decisis is an earlier court decision on an issue that governs or guides a subsequent court in its determination of an identical issue based on identical key facts.

Case Law Analysis

The analytical process undertaken to determine whether the decision in a court opinion governs the outcome of a client's case is called:

False, When the key facts of the court opinion and the key facts of the client's case are not identical, the opinion may be on point and may apply as precedent. It depends on the degree of the difference. When you have different key facts, you must determine whether the differences are of such a nature or degree that they render the court opinion unusable as precedent.

When the key facts of a court opinion and the key facts of a client's case are not identical, the opinion cannot be considered on point and cannot be used as precedent.

Shepardize the case to locate other court opinions that are on point

When the rules of law are different in a court opinion and a client's case, it is best to:

False;

When the same rule of law is in both a court case and a client's case, applying the rule of law in the client's case will always result in the same outcome as that of the court case.