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Right? The entire system is based in 'precedent', which is just a nice way of saying "well this is how we decided we'd interpret it or something similar before,
by nebabyte 10y ago
Right? The entire system is based in 'precedent', which is just a nice way of saying "well this is how we decided we'd interpret it or something similar before, let's do that"
And rulings are the reciprocal "okay"
"Probably" is exactly how the law works. There's a reason it's called "making your case".
- jrochkind1 10y agoBasing the system on precendent is of course an attempt to increase predictability, and reduce incidence of different judges deciding different things in similar circumstances. The system tries to reduce the "probably" for certainty, but we're still humans.