QUESTION
What can be done if a specific case has no applicable statute?
Asked on Jun 05th, 2013 on Entertainment Law - Nebraska
More details to this question:
In a case presented to the Philadelphia court, the judge and the jury realize that no specific statute is applicable and decide to refer to previously recorded legal decision made in similar case.
1 ANSWER
Many issues have no statute to provide a resolution. When that happens, the trier of fact (judge or jury) must look to previous cases for guidance in coming to a decision. The higher the court that made a previous decision, the greater the weight the current court gives the ruling. So a decision from the U.S. Supreme Court has precedence over rulings from all other courts while a decision from a local or county court will only be considered by other courts at that level.
Answered on Jun 07th, 2013 at 11:14 AM