LAW 204 Lecture Notes - Lecture 3: Precedent
23 May 2018
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Department
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Lecture 3: Multiple Case Analysis
Overview:
• REVIEW
o Stare Decisis
o Court Hierarchy
• What is an MCA?
• Types of Reasoning
• How to Approach an MCA
• How to Write an MCA
MCA
• Case briefs are written to simplify and summarize cases and allow comparison with
other cases
• A multiple case analysis (MCA) fulfills that comparative purpose by comparing a
selection of cases sharing a common legal issue for:
o Value as precedent
o Quality of reasoning
o Technique of argument
o Development of the law
Reasoning Types
• RULE
o Applies a rule to a fact pattern for an answer
o FACTS: The wind caused a speaker tower to fall on spectators at a concert in
Boston, causing broken bones, cuts and bruises
o RULE: Concert organizers are not liable for accidents caused by bad weather
o RESULT: The concert organizers are not liable
o Extracting ratio and applying it to a fact pattern
• ANALOGY
o Use fact scenario to arrive at a different reasoning
o Compare fact scenarios to arrive at a result
o FACTS: A concert-goer suffered a fractured skull when she was hit by a
promotional CD. Organizers liable
o ANALOGICAL CASE: Concert-goer was hit by a flying promotional CD. Organizers
liable
o RESULT: The organizers are not liable as they had not planned for the projectile
• PRINCIPLE
o The principle may apply but the rule must apply. Moving towards moral
framework
o Applies legal principle to arrive at a result
o FACTS: A singer jumps off a balcony, the crowd fails to catch him. He suffers
injuries
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Overview: review, stare decisis, court hierarchy, what is an mca, types of reasoning, how to approach an mca, how to write an mca. Reasoning types: rule, applies a rule to a fact pattern for an answer, facts: the wind caused a speaker tower to fall on spectators at a concert in. Organizers liable: analogical case: concert-goer was hit by a flying promotional cd. Organizers liable: result: the organizers are not liable as they had not planned for the projectile, principle, the principle may apply but the rule must apply. Moving towards moral framework: applies legal principle to arrive at a result, facts: a singer jumps off a balcony, the crowd fails to catch him. Includes short facts relevant to the common issue for each case so reader understands conclusion without having to read whole case: focus only on what is relevant to the common issue. Misapplied legal test: technique of argument, rule (ex.
