15 - [moderate] 80. As courts decide cases involving the...

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78. Evaluate the views of the Critical Legal Studies School of jurisprudence. What are the benefits and drawbacks of using broad notions of fairness in deciding cases? An advantage is that decisions might be more flexible in fitting the situation of the case being decided. On the other hand, some judges might not use this discretion properly. Furthermore, by not relying on precedent, there would be much uncertainty in the law. [moderate] 79. What are the good and bad aspects of relying on precedent to decide current cases? Give an example of precedent that either was not followed in the past, or should not be followed in the future. How much leeway do judges have in deciding whether to follow precedent? How much leeway should they have? Precedent provides consistency in the law, but can lead to bad decisions when precedent becomes outdated or when the precedent-setting decision was wrong.
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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]...
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