I am going thru a divorce battle.... I have come across so many attorneys that seem to generalize ALL divorces in the same category. Like they're all alike? I just don't understand why they do this. Can someone enlighten me?
2006-11-01 17:43:18 · 8 answers · asked by cecimad 2 in Politics & Government ➔ Law & Ethics
Generalization is a human trait, not one specifically reserved for lawyers and judges. When you are in a profession dealing with a mass of humanity, one of the things you discover is that there are far more similarities than differences. It is personal and individual to you because you are only one individual and are concerned with only one individual- naturally. But consider that the lawyers and judges see many people, not just one, and are in a situation to see more of the similarities than differences on the whole. Regular people do this all the time, which is one way we are able to predict behavior in others, and even express empathy. We know how another person feels, and can reasonably expect to predict what is being thought, base on experience we have had ourselves or observed in others. Talk to a teenager, and see what I mean. The teenager often feels rather unique in their situation, and the way they feel/think. If you are of any age, you will understand they are pretty normal and pretty much like most other teenagers. They don't see it that way, but that doesn't change the fact that they are- and you are in a better position to see it than they are. By virtue of your age and experience, you are better able to judge their "uniqueness" than they are. The judges and lawyers do it much the same way. While your case may have some unique points, I would imagine there are plenty of cases which have proceeded yours that were remarkably similar. They may not be able to name names- privacy being a major issue there- but the numbers are there just the same.
2006-11-01 17:59:24 · answer #1 · answered by The mom 7 · 0⤊ 0⤋
Everything is based on facts, number of years for this or that, or the other, but psychology plays a big role, they watch your every movement, words and remarks, if they see a woman with an attitude, right there, it's not what they'll use to base their decisions on this, however it plays a big role.
It also has to do with how good YOUR attorney is, do you have one, did you do the research on the kind of cases he's won before? you needed to be prepared for that. Keep in mind that attorneys and judges are corrupt at times and if they know the attorney they can play favorites.
2006-11-02 01:55:33 · answer #2 · answered by You are loved 5 · 0⤊ 0⤋
Law is of general application. It will be applied to each case and the judgement will vary depending upon the individual differences in the case. Uniformity of law is a virtue. A good judge would be able to remove the chaff from the grain and hit the nail at the right place.
2006-11-02 03:22:05 · answer #3 · answered by Anonymous · 0⤊ 0⤋
They want the generalisation as an example for others based on lots of experiences of the life. Life is only once in the world and it is not for spliting again and again, but for uniting again and again.
2006-11-02 03:12:24 · answer #4 · answered by Anonymous · 0⤊ 0⤋
"stare decisis" let the decision stand. All cases are decided using a PRECEDENT.
2006-11-02 01:45:57 · answer #5 · answered by kitty fresh & hissin' crew 6 · 0⤊ 0⤋
THATS what they do 4 a living.
2006-11-02 01:44:19 · answer #6 · answered by Anonymous · 1⤊ 2⤋
It makes their "job" easier
2006-11-02 01:45:08 · answer #7 · answered by ? 7 · 0⤊ 1⤋
hmmmmmmmmm cany say
2006-11-02 01:46:45 · answer #8 · answered by deadman 3 · 0⤊ 1⤋