2. Analysis of Multiple Cases Through Synthesis: LRW I © Professor Rutledge

3. Earlier—Analogies & Distinctions Case comparison is based on the premise that like cases should be decided in like manner 1 Making valid predictions involves drawing analogies from similar cases –Similar issues, possibly fact patterns –Applicable reasoning & policy statements See Professor Gregory Berry, Synthesizing Rules http://www.law.howard.edu/faculty/pages/berry/advice/synthesispart2.htm (accessed July 14, 2004).http://www.law.howard.edu/faculty/pages/berry/advice/synthesispart2.htm

4. When 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

5. Analyzing 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

6. Synthesis Purpose – to find collective meaning in cases Rules of law are clarified through multiple cases Involves more than listing cases

7. 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

8. 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

9. 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

10. Example of Synthesis- Trespass ² A.Professor Berry ignores a sign warning trespassers to keep out and enters Mr. Jones' land to smell his award winning roses. Held: Professor Berry liable for trespass ²Id.

11. B. Professor Berry ignores a sign warning trespassers to keep out and enters Mr. Jones' land seeking to escape a mob of angry law students bent on attacking him for giving them low grades. Held: Professor Berry not liable for trespass.

12. C. Professor Berry ignores a sign warning trespassers to keep out and enters Mr. Jones' land seeking to escape a mob of angry law students bent on attacking him for giving them low grades. While evading his pursuers, Professor Berry accidentally tramples on Mr. Jones' award winning roses. Held: Professor Berry liable for damages to roses.

13. What do the Three Cases Stand for Collectively? A. Professor Berry ignores a sign warning trespassers to keep out and enters Mr. Jones' land to smell his award winning roses. Held: Professor Berry liable for trespass. B. Professor Berry ignores a sign warning trespassers to keep out and enters Mr. Jones' land seeking to escape a mob of angry law students bent on attacking him for giving them low grades. Held: Professor Berry not liable for trespass. C. Professor Berry ignores a sign warning trespassers to keep out and enters Mr. Jones' land seeking to escape a mob of angry law students bent on attacking him for giving them low grades. While evading his pursuers, Professor Berry accidentally tramples on Mr. Jones' award winning roses. Held: Professor Berry liable for damages to roses.

14. Look for the Common Threads In each case, Professor Berry was trespassing on someone’s land without permission, but the results were different The decision maker considered different factors to modify the rule

15. A. Professor Berry ignores a sign warning trespassers to keep out and enters Mr. Jones' land to smell his award winning roses. Held: Professor Berry liable for trespass The proposition in the first case is that a person is liable for trespass if they enter someone’s land without permission

16. B.Professor Berry ignores a sign warning trespassers to keep out and enters Mr. Jones' land seeking to escape a mob of angry law students bent on attacking him for giving them low grades. Held: Professor Berry not liable for trespass. This 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.

17. C. Professor Berry ignores a sign warning trespassers to keep out and enters Mr. Jones' land seeking to escape a mob of angry law students bent on attacking him for giving them low grades. While evading his pursuers, Professor Berry accidentally tramples on Mr. Jones' award winning roses. Held: Professor Berry liable for damages to roses. This case refines the rule further. When someone trespasses out of necessity, they are still liable for any actual damage to the property.

18. Sample Chart TrespassNecessityProperty Damage Liable for Trespass A. YesNo Yes B. YesYesNo C. YesYes No, but liable for property damage

19. 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."

20. Fruit Hypo

21. Fruit Hypo Instructions Take 5-7 minutes with the document on then next sheet and follow the instructions This should be done independently

23. 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

24. 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

25. 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 –When writing start with the synthesized rule, then go to supporting cases Organize your analysis around the common threads, not the individual cases Apply synthesized rule to client’s problem

26. Group Synthesis Exercise Groups of 4

27. Synthesized Rule?

28. Exercise can be found on the next sheet. Determine a rule under each “case” Next, determine a combined synthesized rule that incorporates all of the cases You will have 15-20 minutes to complete this exercise

29. Fruit Hypo Answer Synthesized Rule: A fruit of vibrant color belongs in a window display as long as it does not perish within a week and does not require preparation before it can be eaten. All other produce must go into the bin. New synthesized rule: A fruit or vegetable of vibrant color may be in a window display as long as it needs no preparation prior to eating.

30. Recap of Past Lessons Mandatory/Binding & Persuasive/Non-Binding Precedent Sources of Law Determinative Facts Holding versus Dicta Reading Statutes & Cases Breaking legal rules into elements Defining Legal Issues Selling Analogies & Distinctions

31. The Current Pieces: What We Know Issue - Defining involves looking at the elements systematically Rule – looking for binding precedent – the holding, not dicta Facts - finding the essential Analysis – applying the law to your case Synthesis – finding collective meaning in multiple cases

32. Putting the Pieces Together Goal: communicate your legal analysis in writing, apply your analysis to the client’s facts, and make a prediction. Case comparisons allow us to predict whether precedent controls our client’s situation.

33. Now that you know the issues and essential facts... Look for binding primary authority Usually authority won’t have identical facts, so –Look for cases that have addressed the issue, and look for similar facts. Determine if The court’s reasoning Underlying policy arguments apply to the client’s case

34. Remember Binding Precedent: –Same jurisdiction –Higher court –SIMILAR Remember the general principle of stare decisis & binding precedent –Like cases should be decided in like manner

35. Where We’re Headed... Learning to draft legal analysis Learning to organize legal analysis Learning about legal proofs

36. Legal Writing Different Based on deductive reasoning –Start with the conclusion and justify it Must be reader-focused Legal readers need context –Easier to understand information when you know the relevance

37. Legal Readers

38. Burden of Legal Writing Writing for a hostile audience –Lawyers are skeptical –organization of your analysis matters Writing for busy audience –Lawyers are busy. Want the bottom line first IRAC – legal proof for proving your conclusion to the reader

39. Your Audience In all writing, especially legal writing you must consider the audience Having all the pieces is important, but the correct order matters too Expectations of Legal Readers – format, legal proof

40. Next Week IRAC, legal proofs and deductive reasoning