Common Law Process

Question 0

Cases of First Impression

Answer 0

cases that are new in a jurisdiction, never been litigated. - other jurisdictions might provide cases with persuasive authority.

Question 1

Binding authority

Answer 1

case decided by that court or a higher court in the jurisdiction.

Question 2

Holding

Answer 2

Judgement + material facts of the case

Question 3

Decision Process

Answer 3

isolate the issue, identify the controlling rule, decide if the facts meet the requirements of the rule.

Question 4

Where do Rules Come From?

Answer 4

• common law
• enacted law
• private documents (contracts, deeds, leases)

Question 5

Dicta

Answer 5

non-binding statements that illustrate the extent of a decision - persuasive authority.