Legal Research | Section 6.3

Fundamentals of Legal Research by Adam J. McKee

This content is released as a draft version for comment by the scholarly community.  Please do not distribute. 


Searching for Legal Authority


****This Section is Substantially Incomplete****

Case in Point

One type of analysis that legal researches perform often is the analysis of a set of facts against a potential case in point.  A case in point is one that provides guiding precedent for the legal issue being researched.  To determine if a case is indeed a case in point, the current facts must be compared with those of the published opinion.   First, compare the factual circumstances.  That is, not the similarities.  If the cases are very similar, then the published case may offer precedent.  In addition, contrast the two sets of factual circumstances.  Are there any meaningful differences?  If such differences do exist, then the precedential value of the published case is brought into question.  After the factual circumstances have been considered, next consider the legal issues.

Modification History 

File Created:  08/08/2018 
Last Modified:  06/13/2019

[ Back | Content | Next]


This work is licensed under an Open Educational Resource-Quality Master Source (OER-QMS) License.

Open Education Resource--Quality Master Source License

 

Leave a Reply

Your email address will not be published.

This site uses Akismet to reduce spam. Learn how your comment data is processed.