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CASE BASED REASONING – RESOLUTION OF LEGAL DISPUTES

Dr Michał Araszkiewicz
Department of Legal Theory, Jagiellonian University

Guidelines for preparation for the exam 2013

The exam will be a test encompassing 30 single choice questions. You will have 30
minutes to write it.

As regards the topics:

1. POPOV VS HAYASHI

You have to know:

- The exact facts of the case, what has been proven and what not
- What were the claims Popov filed against Hayashi
- What claims and argument were posed during the discussion of the concept

of possession

- What facts were supportive as regards both parties’ position
- What was the actual decision of the court and its justification.

If you are not sure how to answer these questions:

- Log in to extranet of the JU:

https://extranet.uj.edu.pl

- Then click “A-Z list”
- Find Artificial Intelligence and Law journal
- Find issue 20 (2012)
- Read Introduction to this issue (pp. 1-14) by Katie Atkinson.

2. THE DOCTRINE OF LEGAL PRECEDENT


You have to know the meaning of the following terms:

PRECEDENT, RATIO DECIDENDI, OBITER DICTA, BINDING/PERSUASIVE PRECEDENT,
HOLDING, STARE DECISIS, NON QUIETA MOVERE, DISTINGUISHING, OVERRULING.

If you are not sure, log in to the extranet, find Westlaw database. Then you will be
able to find the terms in Black’s Law Dictionary.


As regards theory of precedent, you have to know:

- the structure of English or American judgment
- three theories of precedent: as laying down rules, as application of

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underlying principles and as decisions on the balance of reasons

- justifications for the precedent doctrine.

If you are not sure, check

http://plato.stanford.edu/entries/legal-reas-prec/

,

sections 1-4.

Additionally, you should be ready to answer questions concerning similarities and
differences between precedent and analogy on the basis of Fred Schauer’s research.

If you are not sure, check:

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1836384

.

3. CASE-BASED REASONING SYSTEMS AND HYPO

You have to know:

- the basics of Case-Based Reasoning in AI and Law
- the concepts of factors
- the concept of dimensions
- the basic ideas concerning the operation of HYPO system
- and how HYPO generates 3-ply arguments.

If you are not sure, check the paper “Reasoning with Cases and Hypotheticals in
Hypo”. Ashley, K. D. (1991). In International Journal of Man ‑Machine Studies, Vol.
34, pp. 753‑796. Academic Press. New York, available on Pegaz. Focus on pages 1-26
of the file.


4. WILD ANIMAL CASES AND FACTORS/DIMENSIONS ANALYSIS OF POPOV V HAYASHI


You have to know the facts of the cases:

- Keeble vs Hickergill
- Pierson v Post
- Young v Hitchens
- Ghen v Rich

Moreover you have to be sure how these cases can be analyzed by means of
dimensions/ factors and how on this basis arguments can be formulated in the
context of Popov v Hayashi case.

- If you are not sure, go back to the extranet
- Find Artificial Intelligence and Law journal
- Find issue 20 (2012)
- And read a paper by Trevor Bench-Capon (pp. 15-35).

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5. ALTERNATIVE DISPUTE RESOLUTION and ODR

You have to be able to define and distinguish negotiations, mediation and
arbitration. This information is quite notorious.

You have to be able to list and discuss the seven elements of negotiations and to see
their role in the process of negotiation.

If you are not sure, read this paper:

http://sitios.itesm.mx/va/dide/enc_innov/Negotiation_Patton.pdf

You should be also prepared to answer some questions concerning the role of
mediator and sequence of mediation:

 Preliminary arrangements
 Mediator’s introduction
 Opening remarks/Statements by parties
 Information gathering
 Issue and interest identification
 Caucus (optional)
 Option generation
 Bargaining and negotiation
 Agreement
 Closure

As regards Online Dispute Resolution, you should have the knowledge on the basic
facts of this research. In other to know this, and have the opportunity to know much
more about the ODR, check the following link:

http://ceur-ws.org/Vol-684/

and after downloading the proceedings, read the first paper, by

Josep Suquet, Marta Poblet, Pablo Noriega, Sílvia Gabarró.


As for an example of ODR system, it will be presented during the next lecture. If you
are curious, check:


Artificial Intelligence and Law 13, 2005, ss. 233-271
Emilia Bellucci, John Zeleznikow
“Developing negotiation decision support systems that support mediators: A case
study of the Family_Winner system”