Case law can also be used to support a variety of legal strategies, from motions and briefs to trial tactics and appeals. In addition, a careful review of case law can help ensure that all aspects of a case are addressed in accordance with the highest standards of professionalism and ethics. Moreover, it can provide clarity on how to approach a specific legal issue and improve the overall quality of your work. nursing home neglect lawyer
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Using Precedents Wisely
A court's decision in a case can become the precedent for the decision of subsequent cases involving similar facts or legal issues. The principle that a court must follow the decisions of earlier courts is called "stare decisis." A precedent can be established by a series of decisions or sometimes by a single decision. insurance lawyer near me In deciding whether to follow or overrule a precedent, the Supreme Court considers many factors. These include the quality of a precedent's reasoning, its consistency with other related decisions, factual developments since the case was decided and the extent to which private parties, government officials, courts or society have relied on the previous decision. local general practice lawyer
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Supporters of the doctrine of stare decisis argue that adherence to the rule ensures stability in the law. It also prevents future judges from making decisions based on personal biases or misreading the Constitution. insurance lawyer near me However, critics of stare decisis argue that following precedent creates legal uncertainty and makes it difficult to predict what the Supreme Court will decide in a particular case. nursing home neglect lawyer
In addition, critics of the rule point out that a judge's opinion in a case might be influenced by her biases and political or social beliefs. They argue that the doctrine of stare decisis should be tempered with the concept of constitutional integrity and the need for the Supreme Court to remain impartial when interpreting the Constitution. local general practice lawyer
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