2007-09-25 05:10:25 · 9 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Because courts are bound by higher courts' decisions when the identical point of law is before them...and if there is no higher court ruling, the rulings of other courts in other jurisdictions may still be persuasive in argument. The concept is called Stare Decisis.
2007-09-25 05:13:42 · answer #1 · answered by makrothumeo2 4 · 0⤊ 0⤋
You have to justify anything you admitted into court, and the opposing attorney has the right to contest it. Case law sets the precedent for many of these things, and the judge must recognize the past practice determined in case law.
Lawyers have a team of paralegals that research case law pertaining to thier client. By citing this case, it gives the judge the information he needs to make a ruling.
2007-09-25 05:15:38 · answer #2 · answered by trooper3316 7 · 0⤊ 0⤋
Because the law is based on a principle of "stare decisis," Latin for "let the decision stand." Thus, absent any new and/or extenuating circumstances, prior decisions should stand as rendered. Citing prior decisions that support the argument you are making as an attorney is a strong way to bolster your position.
2007-09-25 05:14:02 · answer #3 · answered by jurydoc 7 · 0⤊ 0⤋
the US is a common law country. This means that alot of "laws" are not really written down anywhere. They are rather established over the course of time when courts make rulings on particular cases. Inorder to get the court to decide thier way, lawyers will present similar cases that had favorable outcomes to thier own arguement. Courts will generally be reluctant to overturn past prescedant so it's a powerful arguement.
2007-09-25 05:18:46 · answer #4 · answered by Louis G 6 · 1⤊ 1⤋
As precedence for their briefs, appeals, and requests. The judge's law clerk will then look up the case for the judge to review and determine relevance before ruling.
2007-09-25 05:14:01 · answer #5 · answered by kja63 7 · 0⤊ 1⤋
As an attorney who has practiced for 35 years, I agree with JuryDoc and Mark (sorry, ladies first). All of the other replies have at least one element which is NOT correct.
2007-09-25 05:22:45 · answer #6 · answered by hexeliebe 6 · 1⤊ 1⤋
what do you think the judge is doing under that over sized robe. the judge has a computer right there on the bench so he can check for himself. a judge is a government employee. after a lawyer makes an argument in court he simply says to his clerk.....'' when you are done sucking my d-ick verify that the mouthpiece is correct'' !!!!!!!!!!
2007-09-25 05:38:34 · answer #7 · answered by Anonymous · 0⤊ 3⤋
To set precedence.
2007-09-25 05:13:10 · answer #8 · answered by Moraco Mole 2 · 0⤊ 1⤋
if there is a precedent,it makes an easy win
2007-09-25 07:47:29 · answer #9 · answered by Anonymous · 0⤊ 1⤋