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I am interested in how the no precedent thing works. Doesn't it have potential to make things widely inconsistent? In Poland where we have similar rules in pla
by bluecalm 6y ago
I am interested in how the no precedent thing works. Doesn't it have potential to make things widely inconsistent?
In Poland where we have similar rules in place it's just purely theoretical principle. In practice precedent is very important and learning about what other courts ruled ("orzecznictwo") is what lawyers spend their time on. It's as important if not more than the letter of the law in practice.
Source: my ex was a lawyer and we have a number of lawyer friends (judges, attorneys, corporate lawyers).
- cedilla 6y agoHigher courts can make fundamental decisions which are binding for other courts; however these are not precedent as they only clarify how the law is to be interpreted in general. There are indeed inconsistencies in the decisions of the lower courts, and in some cases (like defamation suits) with no clear geographic reference this can lead to forum shopping. Edit: An important point that I forgot to make is that in cases where a lower court might deviate from the usual legal practice, it may be required to ask a higher court to decide in the matter precisely to avoid grave inconsistencies. So case law is never completely irrelevant in Germany.