Chapter 15 Applying the Law

2 o Do all court opinions apply to the facts of your client’s case? o Look for analogies and distinctions o Similar facts, similar legal issues o If different, case is distinguishable o Does your client’s case have the same governing rules of law and issues? o What are the key facts o Are facts similar or different? o If you have a precedent that supports your case, search for as many similarities as possible between both cases o If there is a precedent that you don’t like, find as many differences as possible between your client’s case and those in the precedent o Explain why the similarities or differences matter

Which cases? o Primary authority v. secondary authority o Mandatory v. persuasive authority o Find cases that are “on point” 3

Written Analysis o Use IRAC o Issue o Rule o Analysis o Present arguments that each side will make o Evaluate strengths and weaknesses of the client’s case o Analysis Exercise o Conclusion 4