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Unformatted text preview: a.iii.5. Make sure it’s a holding, not a dicta a.iii.6. Published or Unpublished a.iii.7. Reputation of the Judge a.iii.8. En Bonc Decision (the amount of judges) a.iv. 2 Binding Cases (example) a.iv.1. Plaintiff’s Duty status at time of accident (on or off duty) a.iv.2. Location of accident a.iv.3. Activity plaintiff was engaged in a.iv.4. Actually different rules a.iv.4.a. Distinguish cases. a.iv.4.a.i. Factual /Procedural Differences a.iv.4.a.i.1.Lending institution v. other types of business a.iv.4.a.ii. Rule is an Exception to the general rule a.iv.4.a.iii. Future cases a.iv.4.a.iii.1. Appellate cases that point out the cases a.iv.5. Both Binding cases a.iv.5.a. Predict a.iv.5.a.i. Where is the law headed a.iv.5.a.ii. Reasoning a.iv.5.a.iii. Reasonable resolve...
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- Spring '11
- Law, binding cases, Consult Secondary Sources, En Bonc Decision, a.ii. Good law, Relevant Key Digest