LGLA 1301 Ch 12

Precedent and stare decisis

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

False

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 cannot be used a 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

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

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

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 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

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 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

Stare decisis

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

False

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 a 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 outcomes as that of the court case