I.

Application of facts
a. Apply the rule to the facts. Fact -> rule -> policy -> rule -> facts
i. Question of first impression -> which & why
b. Examine the facts, evaluate the law, consider the policy implications, select rule based
on them?
i. Different facts – consider the introduction of a different policy consideration.
c. Usage of rule elaboration – how it works, why it works, why it’s necessary.
i. Lead with the elements that are clearly settled; then work down to the
contested elements.
1. Mandatory vs. optional rule elaboration – mandatory for the obvious
elements, optional for the more problematic elements.
ii. Balance each factor, analyze appropriate arguments, use public policy to push
for one over the other.
d. Trigger factor