Legal reasoning and decision making almost always entail a reliance on tradition. In Case 15-1, the court’s deference to tradition is especially strong. In applying the “classic factors” to the case, the court judges the present case on the basis of the way in which an allegedly similar earlier case was judged. The implications of relying on tradition in legal reasoning are quite significant. The questions that follow will help you to consider this significance more deeply.

1. To demonstrate your ability to recognize analogous reasoning, identify the implicit analogy that pervades the court’s reasoning in Case 15-1. Clue: Consider the source of the “classic factors.”

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2. What important piece of missing information hinders your ability to make a sound critical judgment about the appropriateness of the court’s reasoning? Clue: Refer to your answer to Question 1; it is directly related to this question.


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