Bifalgorithm post · Property · Application ..................................................................................
Case Analysis
Case Analysis (Property · Application ..................................................................................) — "In each of these courses, you will…
Ideas in this flowchart
- Legal lawsuits are analyzed through a common five-part pattern.
- The pattern consists of Duty, Breach, Causation, Defenses, and Damages.
- Duty asks whether the defendant owed a duty at issue in the lawsuit.
- Duties are requirements to do or not do something, as established by law.
- Duties are created by legislatures, contracts, or courts.
- Breach asks whether the defendant violated the duty under the specific facts of the case.
- Causation asks whether the breach caused the legally specified result, typically injury to the plaintiff or victim.
- Causation involves two separate questions.
- But-for causation asks whether the injury would have occurred without the breach.
- Proximate causation asks whether the breach was sufficiently connected to the injury as a matter of policy.
- Defenses are policy-based reasons to refuse to find all or some liability.
- Damages, or the remedy, vary considerably among different subjects.
- Courses may present the pattern in different orders or use different names, while preserving the same essence.
