Question 1

Stare decisis is:

Accepted Answer

Stare decisis is 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. While option A accurately describes stare decisis, options B and C refer to other legal principles. Therefore, option D is the best choice.

Question 2

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:

Accepted Answer

Courts often look at precedents from cases involving similar legislative language or function to guide their decisions, even if the statutes are not part of the same legislative act. This approach helps ensure consistency in legal interpretation across different but related areas of law.

Question 3

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

Accepted Answer

The doctrine of precedent and stare decisis both rely on the relevance and applicability of previous cases to current cases. Precedent refers to past judicial decisions that are used as a benchmark for deciding similar future cases. Stare decisis is the legal principle of determining points in litigation according to precedent. Thus, determining if a case is on point is crucial for these doctrines to be applied correctly.

Question 4

A case is on point if:

Accepted Answer

A case is on point if the key facts and background facts are sufficiently similar to the key facts and background facts of the client's case, and the rule of law of the court opinion is sufficiently similar to the rule of law of the client's case. These are the two most important factors to consider when determining if a case is on point. Answer choices A and C both address these factors, making option G the best choice. Answer choice F only addresses the similarity of legal questions and may not be enough to determine if a case is on point. Answer choice E includes all options, but not all factors are equally important, making the more specific answer choice G the best option.

Question 5

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

Accepted Answer

The answer of If a court opinion governs or affects...

Question 6

Precedent is:

Accepted Answer

The answer of Precedent is:
...

Question 7

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?

Accepted Answer

Identifying both the similarities and differences between the key facts of a court opinion and the client's case is crucial in determining if the opinion is on point. This comparison helps in understanding how closely the precedent might apply to the current case.

Question 8

A court opinion may apply as precedent when:

Accepted Answer

The answer of A court opinion may apply as precedent...

Question 9

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

Accepted Answer

For a case to be on point and apply as precedent, the significant or key facts of the court opinion must be sufficiently similar to the key facts of the client's case, or 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. Additionally, 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. While background facts may provide context for the court's decision, they are not necessarily relevant to determining whether a case is on point and applies as precedent. Therefore, choices A, B, and C are all necessary considerations.

Question 10

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

Accepted Answer

A persuasive precedent is a court opinion that a court considers when making its decision but is not obligated to follow. Mandatory precedent is a binding court decision that a court must follow. Stare decisis is the legal principle of adhering to established precedent in making judicial decisions. "On point" refers to a precedent that is directly relevant to the legal issue being addressed. Therefore, the best choice is B.

Question 11

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:

Accepted Answer

The answer of A court opinion that applies a case...

Question 12

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

Accepted Answer

The answer of A court opinion that a court is...

Question 13

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

Accepted Answer

If the law applied in a court opinion is different from the law that applies to the client's case, the opinion can still be persuasive precedent. This means that it may not be binding on the court but can still be cited and used as persuasive authority to support the argument. The other answer choices are not applicable to this scenario.

Question 14

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

Accepted Answer

All of the options listed are variations that can be encountered when dealing with key facts in legal cases or analyses. Minor differences might still make a case relevant (case on point), while major differences could either render a case not on point or still on point if a broad legal principle applies.

Question 15

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

Accepted Answer

Cases that are on point are directly relevant to the matter at hand, providing guidance on how similar legal issues have been resolved, which helps in predicting the outcome of a client's case.

Quiz 12: Case Law Analysisis a Case on Point