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While it is possible for there to be no exact precedent, in those cases he would simply look for similar situations and judge on that. He may also ask himself whether this is the time and place for some new and groundbreaking precendent to be established, though that is rare. Finally, he may consider the likelihood of being overturned.
What else can I help you with?
Judicial restraint means that a judge will consider what when making decisions about a case?
precedent
How can a precedent help a judge make decisions?
It means that a similar case, or cases, containing similar circumstances has been decided previously and the judge can consider this previous decision (i.e.- (precedent) in coming to his decision.
What does it mean when a judge uses precedent to arrive at an opinion?
precedent
What does it mean when a judge follows a legal precedent?
"Precedent" means "that which comes before". In making an interpretation of the law, judges will examine the decisions of judges who decided similar cases. If the case is sufficiently similar (the legal term for this is "on point"), the judge will adopt the reasoning of the earlier judge. This is called following a precedent.
When does it mean a judge follows a legal precedent?
"Precedent" means "that which comes before". In making an interpretation of the law, judges will examine the decisions of judges who decided similar cases. If the case is sufficiently similar (the legal term for this is "on point"), the judge will adopt the reasoning of the earlier judge. This is called following a precedent.
How does the doctrine of judicial precedent operate within the English legal system as the means by which a judge may restrict the doctrine's operation?
If a judge has ruled on the same or similar issue in the past, the current and future judges are supposed to abide by that decision unless there is an extreme or compelling reason not to follow the precedent.
What factors should a judge consider in determining whether to sentence a convicted felon to prison?
The prosecutor does not send the felon the prison that is the judge's duty.
What are past cases that a judge uses in criminal cases called?
Precedent.
You lost motion to set aside default and next day have found case says the judge must grant as judgment was void can you ask judge to reconsider and introduce this new case?
Submit a 'motion to re-consider' citing the new-found information as precedent.
What a precedent is and how it relates to interpreting law?
Precedent, in legal terms, is the decision of judges in similar court cases to yours. If there is a previous case that is similar with a decision, the judge must follow the precedent unless the facts are distinguishable.
Sentence for the word precedent?
Since the issue had never been dealt with before, the judge's ruling set a precedent for how future courts would view the issue.
When a judge vacates a decision, what factors are typically considered in the process of overturning the ruling?
When a judge vacates a decision, they typically consider factors such as legal errors, new evidence, procedural irregularities, and the interests of justice in the process of overturning the ruling.
