Incorporating procedural context into a model of case-based legal reasoning
- 1 May 1991
- conference paper
- Published by Association for Computing Machinery (ACM)
Abstract
In this paper we analyze the procedural considerations that affect the use of legal casesas precedents and propose a model of procedural knowledge that can be combined with substantive legal reasoning models to produce a more robust theory of case-based legal reasoning in common law jurisdictions. Our model addresses one component of procedural knowledge the distinction between questions of fact and questions of law. We categorize 32 different procedural scenarios into 10 basic types of legal results. We then propose rules for determining the precedential value of these result types. Finally we suggest a method for incorporating procedural distinctions into case-based reasoning systems.Keywords
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