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short essay plan for the following essay question: 'Why not believe judges when they say (as they always have) that they were merely deciding what

short essay plan for the following essay question:

'Why not believe judges when they say (as they always have) that they were merely deciding what the law was as it already existed?' (Beale, 1909/1975, p. 289)

Discuss the accuracy of the above statement regarding whether judges merely decide cases using existing law as precedent.

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