Exam 12: Case Law Analysisis a Case on Point

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.

Stare decisis is:

A court opinion that a court looks to for guidance when reaching a decision but is not bound to follow is referred to as:

When there is a major difference in the key facts of a court opinion and the key facts of the client's case,the opinion cannot be on point.

Persuasive precedent must be followed by the lower courts in the same jurisdiction.

If the rule or principle applied in a court opinion is the same rule or principle that applies in the client's case,the opinion is on point.

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

The terms precedent and on point are often used interchangeably.

A case that is on point should be analyzed to help the attorney determine what course of action to take.

A court opinion that applies a case law rule or principle different from that which applies to a client's case may apply as precedent to the client's case when:

A court opinion interpreting a case law rule or principle may apply as precedent for a client's case that requires the application of a different common law rule or principle.

The phrase on all fours is used to describe opinions in which the facts of the opinion and those of the client's case and the rule of law that applies are identical or so similar that the court opinion is clearly on point.

Stare decisis 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.

The determination of whether a case is on point must be made before the case may apply as precedent.

A court opinion that a court is bound to follow when reaching a decision is referred to as: