How to Use Legal Precedents
Legal precedents refer to past court decisions that serve as a basis for current and future legal decisions. They are an essential part of the legal system as they provide guidance and consistency in the interpretation of laws. Understanding how to use legal precedents is crucial for lawyers and legal professionals to effectively argue a case and achieve a favorable outcome for their clients.
Why are Legal Precedents Important?
In the legal system, decisions made by judges in prior cases serve as a guide for future judges in similar cases. Legal precedents help maintain consistency and predictability in the law, ensuring that similar cases are treated similarly. This practice is known as stare decisis, which means “to stand by things decided.” It allows for the law to evolve gradually and adapt to changing societal values without drastic changes.
The Importance of Understanding the Hierarchy of Legal Precedents
When using legal precedents, it is vital to understand the hierarchy of courts and their influence on legal decisions. In the United States, the hierarchy starts with the Supreme Court at the top, followed by the intermediate appellate courts, and then the trial courts at the bottom. Decisions made by higher courts have more authority and are binding on lower courts, while decisions made by lower courts may be persuasive but not binding.
How to Find Legal Precedents
The most common way to find legal precedents is through legal research databases, such as LexisNexis and Westlaw. These databases contain vast amounts of cases from federal and state courts, making it easier for lawyers to find relevant precedents for their cases. Additionally, legal practitioners can also use traditional sources such as case reporters, legal journals, and legal treatises.
How to Use Legal Precedents in Court
When presenting a case in court, lawyers must effectively use legal precedents to support their arguments. This can be done in two ways:
1. Distinguishing Precedents
When a previous case is not entirely similar to the current case’s facts, a lawyer may argue that the differences are substantial enough to distinguish the two cases. In this scenario, the judge may choose not to follow the precedent, given the distinct circumstances. This tactic is known as distinguishing precedents.
2. Overruling Precedents
In some cases, a lawyer may argue that a previously decided case should no longer be followed and request the judge to overrule the precedent. This usually happens when there has been a significant change in societal values or new legislation that renders the precedent outdated or irrelevant.
Limitations of Legal Precedents
While legal precedents are crucial in the legal system, they are not without their limitations. As society evolves, values and beliefs change, making some legal precedents outdated. Additionally, new legislation or amendments may also render precedents ineffective. In these instances, judges use their discretion to interpret and apply the law based on the current circumstances.
The Importance of Contextualizing Legal Precedents
It is crucial to understand the specific context in which a legal precedent was decided. While a precedent may appear relevant on the surface, it may not apply to the current case due to different circumstances. It is the lawyer’s responsibility to provide the court with a comprehensive analysis of the precedent and its applicability to the case at hand.
In Conclusion
Legal precedents are a crucial aspect of the legal system. They provide guidance and consistency in the interpretation of laws and help ensure that similar cases are treated similarly. Understanding the hierarchy of legal precedents and how to use them effectively in court is vital for legal practitioners to argue their cases successfully. However, lawyers must also be aware of the limitations of legal precedents and the importance of contextualizing them in the current case at hand.
