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
