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Libr 430 Week 8
Libr 430 Week 8
Libr 430 Week 8
Libr 430 Week 8
Libr 430 Week 8
Libr 430 Week 8
Libr 430 Week 8
Libr 430 Week 8
Libr 430 Week 8
Libr 430 Week 8
Libr 430 Week 8
Libr 430 Week 8
Libr 430 Week 8
Libr 430 Week 8
Libr 430 Week 8
Libr 430 Week 8
Libr 430 Week 8
Libr 430 Week 8
Libr 430 Week 8
Libr 430 Week 8
Libr 430 Week 8
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Libr 430 Week 8

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  • 1. LIBR 430 WEEK 8 Synthesizing Legal Information
  • 2. Analogies & Distinctions
    • Case comparison is based on the premise that like cases should be decided in like manner
    • Making valid predictions involves drawing analogies from similar cases
      • Similar issues, possibly fact patterns
      • Applicable reasoning & policy statements
  • 3. When Reasoning, Discussing and Writing
    • Demonstrate that the case is binding legal authority
    • Assure the reader that the facts you’re comparing were key facts in the decided case
    • Give reader enough information to make independent comparison
  • 4. Analyzing Multiple Cases
    • Multiple cases might address a particular issue but with many different variations
    • Precedents oftentimes has different fact patterns to client’s case and one another with different results
    • Goal: Reconcile diverse results and advise client on the predicted outcome
  • 5. Synthesis
    • Purpose – to find collective meaning in cases
    • Rules of law are clarified through multiple cases
    • Involves more than listing cases
  • 6. When to Synthesize
    • No express definition of an element
    • Rule not expressly stated
    • Definition is vague
    • Cases analogized don’t address all the determinative facts
    • Several cases are all relevant in some way
  • 7.
    • Cannot fully understand a rule of law from just one case
    • After reviewing several cases, communicate the standards the court will apply
    • Collective legal proposition more important than a list of case briefs
    Why Synthesize
  • 8. Synthesis is a Common Process
    • We synthesize information daily
    • Creating a chart may help, especially if it is a complex issue
    • Synthesis can be a difficult skill that requires practice
  • 9.
    • Neighbor ignores a sign warning trespassers to keep out and enters Mr. Jones' land to smell his award winning roses.
    • Held: Neighbor liable for trespass
    Example
  • 10. Neighbor ignores a sign warning trespassers to keep out and enters Mr. Jones' land seeking to escape a mob of angry bees. Held: Neighbor not liable for trespass.
  • 11. Neighbor ignores a sign warning trespassers to keep out and enters Mr. Jones' land seeking to escape a swarm of angry bees. While evading his pursuers, neighbor accidentally tramples on Mr. Jones' award winning roses. Held: Neighbor liable for damages to roses.
  • 12. What do the Three Cases Stand for Collectively? A. Neighbor ignores a sign warning trespassers to keep out and enters Mr. Jones' land to smell his award winning roses. Held: Neighbor liable for trespass. B. Neighbor ignores a sign warning trespassers to keep out and enters Mr. Jones' land seeking to escape a swarm of angry bees. Held: Neighbor not liable for trespass. C. Neighbor ignores a sign warning trespassers to keep out and enters Mr. Jones' land seeking to escape a swarm of angry bees. While evading his pursuers, Neighbor accidentally tramples on Mr. Jones' award winning roses. Held: Professor Berry liable for damages to roses.
  • 13. Look for the Common Threads
    • In each case, Neighbor was trespassing on someone’s land without permission, but the results were different
    • The decision maker considered different factors to modify the rule.
  • 14. How?
    • The proposition in the first case is that a person is liable for trespass if they enter someone’s land without permission
  • 15. How?
    • The second case modifies the rule established in the first case. A person is relieved of liability from trespass when it is necessary to protect oneself from physical danger.
  • 16. How Cont’d.
    • This case refines the rule further. When someone trespasses out of necessity, they are still liable for any actual damage to the property.
  • 17. Sample Chart No, but liable for property damage Yes Yes C. Yes No No Yes B. Yes Yes No No A. Yes Liable for Trespass Property Damage Necessity Trespass
  • 18. What’s the collective meaning?
    • "A person who enters the land of another without permission is liable for trespass except where entry is necessary to avoid physical danger, in which case a person is liable only for actual damage to the property."
  • 19. Using the Factors
    • Identifying the factors
      • Factors – categories of facts the court considers to decide an issue
      • Elements are conditions that must be present, but factors are guidelines the court will consider
  • 20. First, Find the Common Threads
    • Identify the common threads in the cases
    • Look for patterns that explain the holding
      • A particular fact
      • Combination of factors
      • Policy considerations
      • Once locate pattern, easier to locate the factors
  • 21. After Locating Common Threads
    • Tie the common threads together
      • The synthesized rule should reflect the different cases, definitions, limitations and exceptions, in a coherent statement
    • Organize your analysis around the common threads, not the individual cases
    • Apply synthesized rule to facts on hand

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