This preview shows page 1. Sign up to view the full content.
Unformatted text preview: [moderate] 80. As courts decide cases involving the Internet and new kinds of issues not addressed previously, what role, if any, does precedent play? What role should it play? What difficulties could arise? A court would first look to see if any applicable statutes apply to the situation. Beyond that, the court would consider whether or not there are any earlier relevant court decisions applicable to the case. The court might find a similar case, though one not involving the Internet, and extend its application to the Internet. Through this process, existing law can be extended to apply to new situations. Difficulties can arise if courts extend the application of an existing law to a new area where there are crucial differences that make the application of the old law improper. [moderate]...
View Full Document
- Spring '11