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Beyond rule-based legal expert systems : using frames and case-based reasoning to analyze the tort of malicious prosecution Kowalski, Andrzej

Abstract

Most legal expert systems to date have been purely rule-based. Case-based reasoning is a methodology for building legal expert systems whereby profiles of cases contained in a database, rather than specific legal rules, direct the outcomes of the system. Frame-based knowledge representation in legal expert systems involves the use of frames to represent legal knowledge. Case-based reasoning and frame-based knowledge representation offer significant advantages over purely rule-based legal expert systems in case-based law. These advantages are realizable by using the deep structure approach to knowledge representation. This involves searching beneath law at the doctrinal level for underlying fact patterns and structures which explain decisions in cases. This is demonstrated by the Malicious Prosecution Consultant, a legal expert system which operates in the domain of the tort of malicious prosecution. The Malicious Prosecution Consultant confirms the results of earlier research at The University of British Columbia, Faculty of Law that it is possible to build legal expert systems in unstructured areas of case-based law with relatively cheap commercially available expert system shells by using the deep structure approach to knowledge representation.

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