Strategic use of precedent

Definition

The strategic use of precedent refers to the deliberate selection and application of prior judicial decisions to support legal arguments in persuasive writing. By effectively utilizing relevant case law, legal professionals can strengthen their positions, appeal to established authority, and guide judicial outcomes in their favor. This tactic is essential for crafting compelling arguments and influencing decision-making in courtrooms.

5 Must Know Facts For Your Next Test

1. The strategic use of precedent involves both selecting relevant cases and analyzing their applicability to the current legal argument being made.
2. Effective persuasion often hinges on citing precedents that align closely with the facts and legal issues at hand, enhancing credibility.
3. Judges may rely on strategic precedent usage to ensure consistency in the law and to foster predictability in legal outcomes.
4. Lawyers often anticipate counterarguments by addressing opposing precedents, showcasing their ability to navigate complex legal landscapes.
5. Strategic use of precedent can also involve distinguishing earlier cases from current ones, thereby minimizing their impact on the argument being presented.

Review Questions

• How does the strategic use of precedent enhance persuasive legal writing?
  • The strategic use of precedent enhances persuasive legal writing by allowing lawyers to anchor their arguments in established case law, which can lend authority and credibility to their claims. By carefully selecting precedents that closely align with the specifics of their case, they can effectively bolster their positions and influence judicial decision-making. Furthermore, referencing precedents shows an understanding of the legal landscape, which helps in convincing judges of the merits of their arguments.
• Discuss the role of distinguishing in the context of using precedent strategically in legal writing.
  • Distinguishing plays a crucial role in strategically using precedent, as it allows legal writers to differentiate their cases from unfavorable precedents. When an attorney identifies key differences between current facts and those of previous cases, they can argue that the earlier ruling should not dictate the outcome. This tactic enables lawyers to navigate around potential obstacles posed by binding precedents while still engaging with them effectively.
• Evaluate how the strategic use of precedent can shape judicial outcomes and the broader implications for legal practice.
  • The strategic use of precedent significantly shapes judicial outcomes by establishing frameworks within which judges operate. By selectively citing precedents that align with desired outcomes, attorneys can guide judges toward certain interpretations of the law. This influence extends beyond individual cases, as consistent application of strategic precedent can lead to shifts in legal standards and ultimately affect broader legal practice. It reflects how attorneys navigate the interplay between past decisions and present cases, emphasizing the dynamic nature of law.

Related terms

Case Law: Law established by the outcome of former court cases, which is used as a reference in future legal proceedings.

Binding Precedent: A precedent that must be followed by lower courts within the same jurisdiction, establishing a legal standard that must be adhered to.

Distinguishing: The process of identifying differences between current cases and prior precedents to argue why a previous ruling should not apply.