INTRODUCTION TO LAW (HUKUKA GİRİŞ) - (İNGİLİZCE) Dersi Legal Methods soru detayı:

PAYLAŞ:

SORU:

How are cases usually resolved in common law traditions?


CEVAP:

Common law traditions look for similar cases in resolving the legal dispute at hand. A case, according to this tradition, should typically be resolved not by applying a general rule. In his reasoning, a common lawyer rather searches for  the solution reached in previous and similar cases. Inevitably, the emphasis is here laid on the issue of distinguishing cases from one another, that is, determining when the facts at hand are different enough from those of a previous case in order to indicate that the resolution of the latter case is not to be applied.