Question 1

In order for a case to be on point, the key and background facts of the court opinion must be sufficiently similar to the key and background facts of the client's case.

Accepted Answer

False

Question 2

Even when the key facts of the court opinion and the key facts of the client's case are not similar, the court opinion still may be on point.

Accepted Answer

This is because even if the factual situations are not identical, the legal principles applied by the court may be relevant and useful in the client's case.

Question 3

A case that is on point should be analyzed to help the attorney determine what course of action to take.

Accepted Answer

A case on point refers to a previous court case that has similarities with the current case, and analyzing it can help the attorney determine the strengths and weaknesses of their case and develop a strategy.

Question 4

Persuasive precedent must be followed by the lower courts in the jurisdiction.

Accepted Answer

Persuasive precedent is not binding; it can influence a decision but does not have to be followed by lower courts. Binding precedent, on the other hand, must be followed.

Question 5

The determination of whether a case is on point is important because of the doctrines of precedent and stare decisis.

Accepted Answer

The determination of whether a case is on point is important because it helps in applying the doctrines of precedent and stare decisis, which require courts to follow the decisions made in previously decided cases with similar facts or issues.

Question 6

A key criterion for a court opinion to be on point is that the key and background facts of the opinion are sufficiently similar to the key and background facts of the client's case.

Accepted Answer

The answer of A key criterion for a court opinion...

Question 7

If the law applied in the court opinion is different from that which applies to the client's case, the court opinion cannot be mandatory precedent.

Accepted Answer

Mandatory precedent applies only when the law applied in the court opinion is the same as the law that applies to the client's case. If the law is different, the court opinion cannot be binding on the client's case.

Question 8

If the rule or principle applied in the court opinion is the same rule or principle that applies in the client's case, the opinion is on point.

Accepted Answer

The answer of If the rule or principle applied in...

Question 9

The doctrine of precedent 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 jurisdiction when the current decision involves issues and key facts similar to those involved in the previous decision.

Accepted Answer

The answer of The doctrine of precedent is a basic...

Question 10

The determination of whether a case is on point must be made before the case may apply as precedent.

Accepted Answer

This statement is true. In order for a case to be considered as precedent, it must be on point, meaning it must have similar facts and legal issues as the case in question. The determination of whether a case is on point is a crucial step in the application of precedent.

Question 11

In order for a case to be on point, three requirements must be met.

Accepted Answer

The answer of In order for a case to be...

Question 12

Stare decisis is 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.

Accepted Answer

The answer of Stare decisis is an earlier court decision...

Question 13

A ruling of the highest court in State B may be mandatory precedent for the lower courts in State A.

Accepted Answer

The highest court in State B does not have jurisdiction over State A, therefore its rulings are not mandatory precedent for the lower courts in State A. However, State A courts may consider the reasoning and analysis of State B court rulings as persuasive authority in their own decisions.

Question 14

The terms precedent and on point are often used interchangeably.

Accepted Answer

The answer of The terms precedent and on point are...

Question 15

A case is precedent (on point)if there is a sufficient similarity between the key facts and rule of law or legal principle of the court opinion and the matter before the subsequent court.

Accepted Answer

This statement correctly defines the concept of a precedent. A precedent is a prior court decision on a similar legal issue that serves as a guide or rule for subsequent cases with similar issues. To be considered a precedent, the key facts and legal principles of the prior decision should be sufficiently similar to those in the subsequent case to guide the court in its decision-making process.

Question 16

The phrase on all fours is used to describe opinions where the facts of the opinion and those of the client's case and the rule of law that applies are identical or so similar that the court opinion is clearly on point.

Accepted Answer

The statement accurately describes the meaning of the phrase "on all fours".

Question 17

Case law analysis is the process of determining if a court opinion governs or affects the outcome of a client's case.

Accepted Answer

Case law analysis is the process of analyzing past court opinions to determine their precedent-setting value and how they may impact the outcome of a current case.

Question 18

A court opinion interpreting a common-law rule or principle may apply as precedent for a client's case that requires the application of a different common-law rule or principle.

Accepted Answer

A court opinion can establish precedent for legal principles that can be applied to future cases, even if the specific facts and legal rules are different. This is because common-law principles are often based on broad legal concepts and reasoning, rather than narrow and specific rules. Therefore, a court opinion interpreting one legal rule or principle may provide guidance for how to apply other legal rules or principles.

Question 19

When there is a major difference in the key facts of a court opinion and the key facts of the client's case, the opinion cannot be on point.

Accepted Answer

The answer of When there is a major difference in...

Question 20

When the key facts of the court opinion and the key facts of the client's case are not similar, if the substitution of the key facts would not result in changing the outcome of the case, the court opinion can be used as precedent.

Accepted Answer

As long as the legal principles applied in the court opinion are applicable to the client's case, and the key facts are not materially different, the court opinion can serve as persuasive authority and be used as precedent. The outcome of the case is not the determining factor, but rather the legal reasoning and principles applied.

Quiz 6: Case Law Analysis: Is a Case on Point