One of the key facets of presenting legal arguments involves drawing parallels and distinctions between circumstances and parties. In large part, this is due to the significant role played by legal precedent in our justice system.
Precedent refers to a court decision that is considered as authority for deciding subsequent cases involving identical or similar facts, or similar legal issues. Precedent is incorporated into the doctrine of stare decisis and requires courts to apply the law in the same manner to cases with the same facts. Some judges have stated that precedent ensures that individuals in similar situations are treated alike instead of based on a particular judge’s personal views.
Even non-lawyers understand the importance of ensuring that those similarly situated receive similar treatment. Ideally, Lady Justice is blind, and the law’s application to all is unbiased….
