in a case where there is no precedent (no case law that came before that the judges can follow). What should a court do?
2007-05-18 06:49:29 · 2 answers · asked by M_E_M_P_H_I_S 1 in Politics & Government ➔ Law & Ethics
In the United States, it would be a "case of first impression". If it involved interpreting a statute, often the court would look to then legislative history of the statute. Increasingly, the United States Supreme Court and other courts have looked to foreign jurisdictions for precedent where those courts may have addressed the issue.
In making a determination, judges should act in a thoughtful, prudent manner. I really do not approve of "social engineering" from a judge. I prefer judges to rely on the statutes and legal precedents wherever possible.
2007-05-18 07:01:50 · answer #1 · answered by Mark 7 · 1⤊ 0⤋
in england it would be judged and would become a test case but then again if there was no crime there couldnt be a conviction so iam not sure they would have to put it under the nearest catergory as they could if they felt it shouldbe punished
2007-05-18 13:54:21 · answer #2 · answered by Peter A 2 · 0⤊ 0⤋