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Putman4ePPT_ch12.pptxCASE LAW ANALYSIS— IS A CASE ON POINT?
Chapter 12
1
Introduction
Case Law Analysis
The analytical process to determine if and how the decision in a court opinion either governs or affects the outcome of a client’s case
Definition—On Point
On Point
The similarity between the key facts and the rule of law or legal principle of the court opinion and those of the client’s case is sufficient for the court opinion to govern or provide guidance to a later court in deciding the outcome of the client’s case
The terms on point and precedent are often used interchangeably
On Point—Importance
Precedent
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 similar key facts
Mandatory: Precedent from a higher court in a jurisdiction that must be followed by the lower courts in that jurisdiction
Persuasive: Precedent that a court may look to for guidance when reaching a decision but is not bound to follow
On Point—Importance: Stare Decisis
Stare Decisis
The principle that requires a court to follow a previous decision of that court or a higher court in a jurisdiction when the current decision involves issues and facts similar to those in the previous decision
Finding mandatory precedent on point is the best way to achieve victory for a client
Determining if a Case Is on Point: Step 1
Step 1: Are the Key Facts Sufficiently Similar?
Minor differences in key facts—case is on point
Major difference in key facts—case is not on point
Major difference in key facts—case is on point
Major difference in key facts—case is on point when the legal principle is so broad that it applies to many different fact situations
Determining if a Case Is on Point: Step 2
Step 2: Are the Rules or Principles of Law Sufficiently Similar?
Same rule or principle
When key facts are sufficiently similar and the same rule of law is involved, the case is on point
Different rule or principle
The case is usually not on point, but exceptions should be explored in:
Legislative acts
Case law rule or principle
