Case law sets legal precedence from "summary" of The Common Law Tradition by Karl N. Llewellyn
Case law plays a vital role in the common law tradition by establishing legal precedents that guide future judicial decisions. When a court makes a ruling on a particular legal issue, that decision becomes part of the body of case law that other courts can rely on when faced with similar issues. This principle of precedent, also known as stare decisis, ensures consistency and predictability in the legal system. Through the process of distinguishing, overruling, or following precedents, courts can build upon existing case law to adapt to changing societal norms and values. This iterative process allows the law to evolve over time while maintaining a foundational framework established by previous judicial decisions. In this way, case law serves as a dynamic source of legal authority that reflects the ongoing development of the common law. By examining the reasoning and analysis behind past court decisions, judges can draw upon established principles a...Similar Posts
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