Discussing case law is an art form and shorthand phrases make your job easier, as long as you don’t slip into legalese. A case can be distinguishable, controlling, relevant, analogous, seminal or binding.
Discussing patterns in the case law is even more challenging. Try these frequently used phrases:
- In Smith v. Jones, this Court squarely addressed. . . .
- The First Circuit has long recognized. . . .
- No reported cases hold that. . . .
- Only one reported case holds that. . . .
- The most analogous cases hold that. . . .
- The Ninth Circuit has long expressed a strong preference for. . . .
- Although this Court has expressed a strong preference for . . . , it has frequently allowed . . . under similar circumstances.
- This Court has entertained. . . .
- This Court has considered. . . .
- This Court is poised. . . .
- The Supreme Court has not been sympathetic to. . . .
- This Court imposes. . . .
- This District follows a recent trend. . . .
- The court cautioned against. . . .
- No court has directly addressed. . . .
- As a general rule, the courts have. . . .
- That decision represents an extreme departure from. . . .