Analogize Without Pretending Facts Match
Write a precedent analogy that identifies relevant similarities, addresses differences, and ties both to the rule.
comparison The analogy problem A useful case has different technology from the current dispute. Surface differences can distract unless the legal rationale is made explicit. Analogy route Rule reason -> Relevant facts -> Difference handled The analogy is persuasive only if the shared facts connect to the reason the precedent came out the way it did. Shortcut Both involve records The reader sees legal similarity, not just topical similarity. Do not hide factual differences; classify them as material or immaterial. 01 Reason 02 Difference 03 Fresh analogy Step 1
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