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LIBR 430 WEEK 8 Synthesizing Legal Information
LIBR 430 WEEK 8 Synthesizing Legal Information
Analogies & DistinctionsAnalogies & 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
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
When Reasoning, Discussing and Writing
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
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
Analyzing Multiple CasesAnalyzing Multiple Cases
Multiple cases address issue Precedent has different fact patterns to
client’s case and one another with different results
Goal: Reconcile diverse results and advise client
Multiple cases address issue Precedent has different fact patterns to
client’s case and one another with different results
Goal: Reconcile diverse results and advise client
SynthesisSynthesis
Purpose – to find collective meaning in cases Rules of law are clarified through multiple
cases Involves more than listing cases
Purpose – to find collective meaning in cases Rules of law are clarified through multiple
cases Involves more than listing cases
When to SynthesizeWhen 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
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
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
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 SynthesizeWhy Synthesize
Synthesis is a Common ProcessSynthesis 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
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
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
ExampleExample
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.
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.
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.
Look for the Common ThreadsLook 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.
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.
How?How?
• The proposition in the first case is that a person is liable for trespass if they enter someone’s land without permission
How?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.
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.
How Cont’d.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.
This case refines the rule further. When someone trespasses out of necessity, they are still liable for any actual damage to the property.
Sample ChartSample Chart
Trespass Necessity Property Damage
Liable for Trespass
A. Yes No No Yes
B. Yes Yes No No
C. Yes Yes Yes No, but liable for property damage
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."
Using the FactorsUsing 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
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
First, Find the Common Threads
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
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
After Locating Common Threads
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
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
