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In general, the phrase refers to a relative lack of statutory or precedential (prior case law) support for the decision that you seek the court to make on a set of facts.

When you are involved in a legal dispute, each side of the dispute believes that, based upon the facts of the dispute, they are correct. The purpose of a lawsuit is to get a judge or a jury to apply the law to the facts and resolve the dispute.

The law that gets applied can be statutory. That is, it can be a written law (a statute) that the legislature has enacted, that applies to the facts of the dispute. Or, it can be case law, which is the precedent that has been established by one or more previous cases being decided by courts addressing similar disputes.

When the term "weak legal support" is used, it usually refers to the fact that the law (statutory, case law, or both) that someone is arguing to support their position in the dispute, does not really apply. This could be, for example, that the person is trying to stretch the applicability of the statutory law to facts that it really was not intended to apply to.

In the situation of case law, it could be because the case that established the law being relied upon had facts that were so different from what is being argued about now, that the earlier case's decision does not really apply to the present facts.

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15y ago

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