chapter 15 applying the law. 2 o do all court opinions apply to the facts of your client’s case? o...

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Chapter 15 Applying the Law

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Which cases? o Primary authority v. secondary authority o Mandatory v. persuasive authority o Find cases that are “on point” 3

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Page 1: Chapter 15 Applying the Law. 2 o Do all court opinions apply to the facts of your client’s case? o Look for analogies and distinctions o Similar facts,

Chapter 15Applying the Law

Page 2: Chapter 15 Applying the Law. 2 o Do all court opinions apply to the facts of your client’s case? o Look for analogies and distinctions o Similar facts,

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Applying the Lawo Do all court opinions apply to the facts of

your client’s case?o Look for analogies and distinctionso Similar facts, similar legal issueso If different, case is distinguishable

o Does your client’s case have the same governing rules of law and issues?

o What are the key factso Are facts similar or different?o If you have a precedent that supports your case,

search for as many similarities as possible between both cases

o If there is a precedent that you don’t like, find as many differences as possible between your client’s case and those in the precedent

o Explain why the similarities or differences matter

Page 3: Chapter 15 Applying the Law. 2 o Do all court opinions apply to the facts of your client’s case? o Look for analogies and distinctions o Similar facts,

Which cases?o Primary authority v. secondary

authorityo Mandatory v. persuasive

authorityo Find cases that are “on point”

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Page 4: Chapter 15 Applying the Law. 2 o Do all court opinions apply to the facts of your client’s case? o Look for analogies and distinctions o Similar facts,

Written Analysiso Use IRACo Issueo Ruleo Analysis

o Present arguments that each side will make

o Evaluate strengths and weaknesses of the client’s case

o Analysis Exerciseo Conclusion

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