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A case study of hypothetical and value-based reasoning in US Supreme-Court cases
Trevor Bench-Capon, Henry Prakken
11 - 20
10.3233/978-1-60750-082-7-11
Frontiers in Artificial Intelligence and Applications
Volume 205: Legal Knowledge and Information Systems
Abstract

This paper studies the use of hypothetical and value-based reasoning in US Supreme-Court cases concerning the United States Fourth Amendment. Drawing upon formal AI & Law models of legal argument a semi-formal reconstruction is given of parts of the Carney case, which has been studied previously in AI & law research on case-based reasoning. The result is compared with Rissland's (1989) analysis in terms of dimensions and Ashley's (2008) analysis in terms of his process model of legal argument with hypotheticals.

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