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Chapter 6— Case Law Analysis
Determining Whether a Case Is On Point
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Determining Whether a Case Is On Point
Step 1: Are key facts sufficiently similar ? Identical or nearly identical key facts Different key facts
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Determining Whether a Case Is On Point
Step 2: Is the law sufficiently similar? Same rule or principle Different rule or principle
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Chapter 6— Case Law Analysis
Key Terms
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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 identical or similar key facts
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Mandatory precedent Precedent from a higher court in a jurisdiction that must be followed by the lower courts in that jurisdiction
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Persuasive precedent Precedent that a court may look to for guidance when reaching a decision but is not bound to follow
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Stare decisis A 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
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