preview

6 Precedent Can Influence Judicial Decisions In A Number Of Ways

Satisfactory Essays

common-law systems,6 precedent can influence judicial decisions in a number of ways. It can strengthen a judge's belief that the case should be decided one way. That is, a judge may (i) think that, ignoring past decisions, the plaintiff should prevail and (ii) ultimately decide for the plaintiff after this conviction is strengthened by reviewing past decisions. It can also determine how a judge decides a case that she would not otherwise know how to decide, precedent can constrain the reasons for an outcome in addition to the outcome

Get Access