Incorporating procedural context into a model of case-based legal reasoning

@inproceedings{Berman1991IncorporatingPC,
  title={Incorporating procedural context into a model of case-based legal reasoning},
  author={D. Berman and C. Hafner},
  booktitle={ICAIL '91},
  year={1991}
}
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… Expand

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