Precedent Checklist (Litigation Prep)

Precedent Checklist (Litigation Prep)

Before Research

• Define issues narrowly and broadly
• Identify governing jurisdiction(s)
• Note any delegation / agency issues

Research Checklist

• Identify all binding authorities

- For each, create/confirm a case thought

- Classify as holding vs key dicta

- Note court level and date

- Check subsequent history (overruled, limited, followed)

• Identify persuasive authorities

- Out-of-circuit or sibling courts

- State and federal cross-pollination

- Agency decisions and guidance (if relevant)

Delegation & Deference Checklist

• Is there a statute delegating authority to an agency?

- If yes, link case to the statute thought

• Does Chevron / Skidmore / Auer deference apply?

- Note which doctrine and why

• Any nondelegation or major questions issues?

- Flag and link to the appropriate doctrine thought

Brief-Writing Checklist

• Have you:

- Cited all key binding precedents on point?

- Explained why any adverse binding cases are distinguishable?

- Highlighted the most compelling persuasive cases?

- Clarified how delegation / deference supports your position?

- Addressed policy / reliance / stare decisis factors if urging change in precedent?