The ability to find relevant materials in large document collections is a fundamental component of legal research. The emergence of large machine-readable collections of legal materials has stimulated research aimed at improving the quality of the tools used to access these collections. Important research has been conducted within the traditional information retrieval, the artificial intelligence, and the legal communities with varying degrees of interaction between these groups. This article provides an introduction to text retrieval and surveys the main research related (...) to the retrieval of legal materials. (shrink)

We present a formal, mathematical model of argument structure and evaluation, taking seriously the procedural and dialogical aspects of argumentation. The model applies proof standards to determine the acceptability of statements on an issue-by-issue basis. The model uses different types of premises (ordinary premises, assumptions and exceptions) and information about the dialectical status of statements (stated, questioned, accepted or rejected) to allow the burden of proof to be allocated to the proponent or the respondent, as appropriate, for each premise separately. (...) Our approach allows the burden of proof for a premise to be assigned to a different party than the one who has the burden of proving the conclusion of the argument, and also to change the burden of proof or applicable proof standard as the dialogue progresses from stage to stage. Useful for modeling legal dialogues, the burden of production and burden of persuasion can be handled separately, with a different responsible party and applicable proof standard for each. Carneades enables critical questions of argumentation schemes to be modeled as additional premises, using premise types to capture the varying effect on the burden of proof of different kinds of questions. (shrink)

This article describes recent jurisprudential accountsof analogical legal reasoning andcompares them in detail to the computational modelof case-based legal argument inCATO. The jurisprudential models provide a theoryof relevance based on low-levellegal principles generated in a process ofcase-comparing reflective adjustment. Thejurisprudential critique focuses on the problemsof assigning weights to competingprinciples and dealing with erroneously decidedprecedents. CATO, a computerizedinstructional environment, employs ArtificialIntelligence techniques to teach lawstudents how to make basic legal argumentswith cases. The computational modelhelps students test legal hypotheses againsta database of (...) legal cases, draws analogiesto problem scenarios from the database, andcomposes arguments by analogy with a setof argument moves. The CATO model accountsfor a number of the important featuresof the jurisprudential accounts, includingimplementing a kind of reflective adjustment.It also avoids some of the problems identifiedin the critique; for instance, it deals withweights in a non-numeric, context-sensitivemanner. The article concludes by describingthe contributions AI research can make tojurisprudential investigations of complexcognitive phenomena of legal reasoning. Forinstance, unlike the jurisprudential models,CATO provides a detailed account of how togenerate multiple interpretations of a citedcase, downplaying or emphasizing the legalsignificance of distinctions in terms of thepurposes of the law as the argument contextdemands. (shrink)

The SALOMON project is a contribution to the automatic processing of legal texts. Its aim is to automatically summarise Belgian criminal cases in order to improve access to the large number of existing and future cases. Therefore, techniques are developed for identifying and extracting relevant information from the cases. A broader application of these techniques could considerably simplify the work of the legal profession.A double methodology was used when developing SALOMON: the cases are processed by employing additional knowledge to interpret (...) structural patterns and features on the one hand and by way of occurrence statistics of index terms on the other. As a result, SALOMON performs an initial categorisation and structuring of the cases and subsequently extracts the most relevant text units of the alleged offences and of the opinion of the court. The SALOMON techniques do not themselves solve any legal questions, but they do guide the user effectively towards relevant texts. (shrink)

We describe research carried out as part of a text summarisation project for the legal domain for which we use a new XML corpus of judgments of the UK House of Lords. These judgments represent a particularly important part of public discourse due to the role that precedents play in English law. We present experimental results using a range of features and machine learning techniques for the task of predicting the rhetorical status of sentences and for the task of selecting (...) the most summary-worthy sentences from a document. Results for these components are encouraging as they achieve state-of-the-art accuracy using robust, automatically generated cue phrase information. Sample output from the system illustrates the potential of summarisation technology for legal information management systems and highlights the utility of our rhetorical annotation scheme as a model of legal discourse, which provides a clear means for structuring summaries and tailoring them to different types of users. (shrink)

In recent years several proposals to view reasoning with legal cases as theory construction have been advanced. The most detailed of these is that of Bench-Capon and Sartor, which uses facts, rules, values and preferences to build a theory designed to explain the decisions in a set of cases. In this paper we describe CATE (CAse Theory Editor), a tool intended to support the construction of theories as described by Bench-Capon and Sartor, and which produces executable code corresponding to a (...) theory. CATE has been used in a series of experiments intended to explore a number of issues relating to such theories, including how the theories should be constructed, how sets of values should be compared, and the representation of cases using structured values as opposed to factors. (shrink)