Exam 12: Case Law Analysisis a Case on Point

In order for a case to be on point, the key facts and background facts of the court opinion must be sufficiently similar to the key facts and background facts of the client's case.

Which of the following is a variation that may be encountered when dealing with key facts?

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

The terms precedent and on point are often used interchangeably.

When the key facts of a court opinion and the key facts of the client's case are not similar, if the substitution of the key facts would not result in changing the outcome of the case, the court opinion can be used as precedent.

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

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.

If the law applied in a court opinion is different from that which applies to the client's case, the court opinion cannot be mandatory precedent.

If a court opinion governs or affects the outcome of a client's case, it is referred to as:

Case law analysis is the process of determining if a court opinion governs or affects the outcome of a client's case.

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:

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.

Stare decisis is:

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.

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.