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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Which cases? o Primary authority v. secondary authority o Mandatory v. persuasive authority o Find cases that are “on point” 3TRANSCRIPT
Chapter 15Applying the Law
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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
Which cases?o Primary authority v. secondary
authorityo Mandatory v. persuasive
authorityo Find cases that are “on point”
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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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