Chapter 12

Question 1

On Point

Answer 1

A case is on point if the similarity between the key facts and the controlling rule of law of the court opinion and those of the client’s case is sufficient for the court opinion to govern or provide guidance to a later court in deciding the outcome of the client’s case.

Question 2

Precedent

Answer 2

an earlier court decision on an issue that governs or guides a subsequent court in its determination of an identical or substantially similar issue based on identical or similar key facts.

Question 3

Mandatory precedent

Answer 3

precedent from a higher court in a jurisdiction.

Question 4

Persuasive precedent

Answer 4

precedent that a court may look to for guidance when reaching a decision but is not bound to follow.

Question 5

stare decisis

Answer 5

a basic principle of the case law system that requires a court to follow a previous decision of that court or a higher court in the jurisdiction when the current decision involves issues and key facts similar to those involved in the previous decision.