Modelling legal argument: reasoning with cases and hypotheticals
Modelling legal argument: reasoning with cases and hypotheticals
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An interesting and important aspect of legal reasoning is the use of citations to precedent cases as justifications for legal conclusions. In this paper, we describe the standard use of citations as described in the attorney's “Blue Book” and how HYPO, a program that models case-based legal reasoning, generates and uses citations in a very similar way to analyze fact situations and to communicate with an attorney/user. More specifically, we describe how, given a fact situation (“cfs”), HYPO dynamically generates the citations to cases in its Case Knowledge Base (“CKB”) by (1) analyzing the factual features of the cfs to see what dimensions apply, (2) retrieving and constructing a “neighborhood” of citable cases around the cfs (the “Claim Lattice”) and (3) constructing the “Cites Display”, a network of citations to the most on point cases (“mopc”) that is a skeletal frame for a legal argument about the cfs.