Deck 12: Case Law Analysisis a Case on Point

Question 1

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

Answer 1

True

Question 2

When the key facts of a court opinion and the key facts of the client's case are not similar,the court opinion may still be on point.

Answer 2

True

Question 3

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.

Answer 3

False

Question 4

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

Question 5

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.

Question 6

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

Question 7

In order for a case to be on point,three requirements must be met.

Question 8

A key criterion for a court opinion to be on point is that the key facts and background facts of the opinion are sufficiently similar to the key facts and background facts of the client's case.

Question 9

The doctrine of precedent is a basic principle of the case law system that requires a court to follow a previous decision of that court or a higher court in the same jurisdiction when the current case involves issues and key facts similar to those involved in the previous decision.

Question 10

The terms precedent and on point are often used interchangeably.

Question 11

A ruling of the highest court in state B may be mandatory precedent for the lower courts in state
a.

Question 12

The determination of whether a case is on point is important because of the doctrines of precedent and stare decisis.

Question 13

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.

Question 14

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

Question 15

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.

Question 16

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.

Question 17

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.

Question 18

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.

Question 19

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.

Question 20

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.

Question 21

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

A)Mandatory precedent
B)Persuasive precedent
C)Stare decisis
D)Primary authority
E)All of the above
F)Answers a,c,and d above

Question 22

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

A)A key case
B)The lead case
C)Being on point
D)The primary case
E)All of the above
F)None of the above

Question 23

The determination of whether a case is on point is important because of the doctrine of:

A)Res judicata
B)Precedent
C)Stare decisis
D)Finality
E)All of the above
F)Answers a,b,and c above
G)Answers b and c above

Question 24

Stare decisis is:

A)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
B)A decision from a higher court in a jurisdiction
C)A decision that a court may look to for guidance when reaching a decision but is not bound to follow
D)A basic principle of the common law system that requires a court to follow a previous decision of that court or a higher court in the same jurisdiction when the current case involves issues and key facts similar to those involved in the previous decision
E)All of the above

Question 25

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

A)Mandatory precedent
B)Persuasive precedent
C)Stare decisis
D)On point
E)All of the above

Question 26

A court opinion may apply as precedent when:

A)There is a major difference in the key facts of the court opinion and the client's case
B)There is a minor difference in the key facts of the court opinion and the client's case
C)The rule or principle applied in the court opinion is the same rule or principle that applies in the client's case
D)The rule or principle applied in the court opinion is different from the rule or principle that applies in the client's case
E)All of the above
F)Answers a,c,and d above

Question 27

It is important to determine if a case is on point because:

A)Statutory law requires case law for interpretation
B)Cases that are on point need to be found to provide guidance as to how a client's case may be decided
C)The hierarchy of the law requires the identification of cases on point
D)Statutory law,standing alone,is not sufficient to answer most legal questions
E)All of the above
F)Answers a,b,and c above

Question 28

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

A)Minor difference in key facts-case on point
B)Major difference in key facts-case not on point
C)Major difference in key facts-case on point
D)Major difference in key facts-case on point,broad legal principle
E)All of the above
F)Answers a,b,and c above

Question 29

A case is on point if:

A)The key facts are sufficiently similar to the key facts of the client's case
B)The key facts and background facts are sufficiently similar to the key facts and background facts of the client's case
C)The rule of law of the court opinion is sufficiently similar to the rule of law of the client's case
D)The legal questions are the same
E)All of the above
F)Answers a and d above
G)Answers a and c above

Question 30

If the law applied in a court opinion is different from the law that applies to the client's case,the opinion can be:

A)Persuasive precedent
B)Mandatory precedent
C)Mandatory precedent only if the key facts are sufficiently similar
D)Persuasive precedent only if the statutes are part of the same legislative act
E)All of the above

Question 31

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)There is a similarity in language between the common law rules or principles
B)There is a similarity in function between the common law rules or principles
C)The key facts are identical or nearly identical
D)The court opinion is from the same jurisdiction as the client's case
E)All of the above
F)Answers a and b above
G)Answers a,b,and c above

Question 32

Precedent is:

A)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
B)A decision from a higher court in a jurisdiction
C)A decision that a court may look to for guidance when reaching a decision but is not bound to follow
D)A basic principle of the common law system that requires a court to follow a previous decision of that court or a higher court in the same jurisdiction when the current case involves issues and key facts similar to those involved in the previous decision
E)All of the above

Question 33

For a case to be on point and apply as precedent:

A)The significant or key facts of the court opinion must be sufficiently similar to the key facts of the client's case
B)If the facts are not similar,the rule of law or legal principle applied in the court opinion must be so broad that it applies to many diverse fact situations
C)The rule of law or legal principle applied in the court opinion must be the same or sufficiently similar to the rule of law or legal principle that applies in the client's case
D)The background facts and key facts of the court opinion must be sufficiently similar to the background and key facts of the client's case
E)All of the above
F)Answers a,b,and c above
G)Answers b,c,and d above

Question 34

When the key facts of a court opinion and the key facts of the client's case are not identical,which of the following is part of the process for determining if the opinion is on point?

A)Identify the similarities between the key facts
B)Identify the differences between the key facts
C)Identify the differences between the key facts and background facts
D)Identify the similarities between the key facts and background facts
E)Answers a and b above
F)Answers b and c above

Question 35

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)The statutes are part of the same legislative act
B)There is a similarity in language between the legislative acts
C)There is a similarity in function between the legislative acts
D)The key facts are identical or nearly identical
E)All of the above
F)Answers b and c above
G)Answers a,b,and c above