Precedent reasoning

Definition

Precedent reasoning applies the treatment established in a past decision to a sufficiently similar current case. Three moves are required: identify what was decided before, establish that the current situation is relevantly similar, and extend the prior treatment. Its force comes from continuity and settled practice — not merely from structural resemblance between the two cases.

Memory hook

“Same situation, same treatment — because we said so last time.”

What it sounds like

• We handled exactly this in March, so…
• There's already a precedent for this.
• We set the policy when the same thing happened to…
• By the standard we applied last time, this should…