From the common-law tradition of precedent, as set out by Edward H. Levi (An Introduction to Legal Reasoning, 1949) and Karl N. Llewellyn (The Common Law Tradition, 1960).
Decides a new case by finding earlier cases with similar facts, taking the rule each settled, and either applying it or showing why the facts differ.
When to reach for it
Policy questions, contract disputes, or exception requests that have come up before, where the decision should match how earlier cases were handled.
How it runs
- State the facts of the new case precisely.
- Find earlier cases with similar facts.
- Extract the rule each one actually decided.
- Compare facts and judge whether the differences matter.
- Apply the rule, or distinguish the case and say why.
Where it sits in SOLVE eX
Go to the source
- An Introduction to Legal Reasoning, 1949
- The Common Law Tradition: Deciding Appeals, 1960