Arguing by Analogy Grid-1-1

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Apr 3, 2024

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Arguing by Analogy: Using Case Precedent When you use a case as a precedent, you are arguing by analogy. In effect, you are arguing the following: Because case  A (B, C, etc.) was decided one way, case  Z  should be decided the same way. For this sort of argument to work, you have to establish that the analogy is valid . In both of the cases, The law being applied should be the same. The legal issue should be the same. The essential facts should be the same. Set up a flow chart to keep track of and validate your analogies:  Case Burgundy v. Johnson [here, case Z] [Possible relevant case A] [Possible relevant case B] Initial Law Grandparental Visitation Grandparental Visitation Grandparental Visitation Issue Should grandparental visitation be granted over the objection of divorced and remarried biological mother of grandchild? What was “at stake” in this case? For analogy: was the issue in question close enough to that of the previous case for the opinion to relate? What was “at stake” in this case? For analogy: was the issue in question close enough to that of the previous case for the opinion to relate? Facts 1. Mother’s high contest divorce 2. Mother’s remarriage at 6 mos. 3. Father’s leaving 3. Agreement bet. Johnson and Mrs. Burgundy for childcare (1.5 yrs) 4. Father’s return 5. Mother’s objection to continued grandparental visitation rights. What were the particular facts of the case? For analogy: are the facts of this case close enough to those of the previous case for opinion to hold? What were the particular facts of the case? For analogy: are the facts of this case close enough to those of the previous case for opinion to hold? Ruling/ Opinion Remember: following this system may a) challenge or overrule the initial law and/or b) send you to a new law (statutory or common law), which is binding.
As you work through your relevant cases, you may want to consider using a grid to manage your analogies. Locate the initial law you are working from, and “unpack” cases that relate. Remember, a case’s opinion holds when it the same elements are being examined. The work of argument by analogy holds the following: because case  A was decided in one manner, case  B  should be decided the same way. In each possibly relevant case, The law being applied should be the same. The legal issue should be the same. The essential facts should be the same. Your scenario name [Possible relevant case A] [Possible relevant case B] Initial Law Child Abuse Child Abuse Child Abuse Issue - Is Lisa Freiss guilty of child abuse for spanking the child, C.S., on the bottom and for jerking his arm? If she is not guilty of child abuse, did she otherwise illegally discipline the child? - Whether a spanking administered as corporal punishment that results in significant bruises or welts may constitute felony child abuse under section 827.03. - Yes, the issue is close enough for the opinion to relate because both cases are essentially trying to measure what the difference between child abuse and spanking are in the eyes of the law. Facts - Lisa Freiss, a nanny hired to take care of two kids, took them to a public park to play. - When it was time to leave the oldest child, A.W., obeyed her, whiled the youngest child, L.W. ignored her and continued to play. - Due to L.W.'s bad behavior, - Paul E. King, an administrator at Charlotte Regional Christian Academy was charged with child abuse when he paddled an eight year old student in front of a school volunteer and his wife away form other students. - Bruises and welts were left, but medical treatment was not needed.  - Corporal punishment is part of the school's policy, so King was technically allowed to spank the child. - Parents sign consent forms each school year to allow for
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