5 ms·
Courts don't decide hypothetical questions. They decide on the case before them, constrained by the precedents of previous cases. A judge can use examples and
by jacques_chester 7y ago
Courts don't decide hypothetical questions. They decide on the case before them, constrained by the precedents of previous cases.
A judge can use examples and hypotheticals (called "obiter dictum"), but that doesn't create a binding precedent and later judges may ignore it, refute it or alternatively convert it into precedent by adopting the reasoning in a decision.