Judges look to previously decided casescalled precedentin order to find the appropriate rule of law and apply
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Judges look to previously decided cases—called precedent—in order to find the appropriate rule of law and apply it to the case at bar. The process usually involves consideration of several precedent cases—some offered by the plaintiff, others by the defendant. In the legal discussion, judges explain why they have decided on which precedent to use. They often also explain why they have decided not to use the other precedent cases. This is called “distinguishing precedent.” How did Judge King distinguish the Willner and Loder cases offered by the City of Woodburn here?
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Law And Ethics In The Business Environment
ISBN: 9780324657326
6th Edition
Authors: Terry Halbert , Elaine Ingulli
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