RuleAnalysisSynthesis_Torts-3

RuleAnalysisSynthesis_Torts-3 - Analyzing and Synthesizing...

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Analyzing and Synthesizing the Rule Torts Step One: Identify the Rule Case law doesn’t always make it easy to identify the rule. Look for a declarative sentence that addresses the issue the court is trying to resolve. Some language that identifies the rule: o “As a matter of common law…” o “The holding is…” or “We hold that…” o “In this jurisdiction…” o “The more modern rule is…” o “The present case is controlled by…” Step Two: State the Rule and its Policy Break the rule into elements that must be satisfied in order for the rule to apply. Breaking the rule into elements makes it easier for you to apply the rule in a given set of circumstances. o Example: In order to state a claim for negligence, the plaintiff must show: 1) Duty 2) Breach 3) Causation 4) Harm o Tip: Use italics , underlining , or boldface on key words in your outline to help identify key concepts and ideas on an exam. Use CAPITAL letters to signal a conjunction (AND/OR), condition (IF), or exception (UNLESS) in order to highlight how particular facts must relate to each other. Types of Rule: Rules can be standardized or individualized. o Standardized rules are simple declarative sentences that always hold true. For example, “Duty is a question of law” is a standardized rule. o Individualized rules are interpreted according to the circumstances. There are two broad classes of individualized rules: Conditional rules state a proposition that applies if certain elements or conditions are present. A variation of this type of rule would set forth a list of alternative conditions where any one of them can be present in order for the proposition to apply. In this case you would apply “OR” instead of “AND” to the list.
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