Citing cases as authority

Definition

Citing cases as authority involves referencing judicial decisions to support legal arguments or claims. This practice provides a foundation for legal reasoning, allowing practitioners to demonstrate how previous rulings impact the interpretation of laws in current matters. By citing relevant cases, legal professionals can effectively persuade courts and other parties of the validity of their positions, creating a more robust legal argument.

5 Must Know Facts For Your Next Test

1. Citing cases as authority allows lawyers to build arguments based on established legal principles derived from prior judicial rulings.
2. The strength of a citation often depends on whether the case is from a higher court, as decisions from higher courts generally carry more weight.
3. Cases can be cited for various purposes, including establishing facts, illustrating legal standards, or demonstrating the application of laws.
4. When citing a case, it's essential to include relevant details such as the case name, citation, and court that decided the case.
5. Legal writers must ensure that cited cases are still good law, meaning they have not been overruled or significantly changed by subsequent rulings.

Review Questions

• How does citing cases as authority contribute to the effectiveness of legal arguments?
  • Citing cases as authority enhances legal arguments by providing supporting evidence from previous judicial decisions. This practice demonstrates how similar situations were resolved in the past, establishing a foundation for current claims. Additionally, well-chosen citations can highlight authoritative interpretations of law and increase credibility with judges and opposing counsel.
• Discuss the importance of precedent and stare decisis in the context of citing cases as authority.
  • Precedent and stare decisis are crucial to the practice of citing cases as authority because they ensure consistency and reliability in legal interpretations. Precedents act as binding references that guide courts in making decisions on similar cases. Stare decisis reinforces this by requiring courts to adhere to established precedents unless there is a compelling reason to overturn them, thus maintaining stability in the legal system.
• Evaluate how changes in case law impact the practice of citing cases as authority in legal writing.
  • Changes in case law can significantly affect how practitioners cite cases as authority. When a higher court overrules or modifies an existing precedent, it alters the weight and applicability of previously cited decisions. Legal writers must stay updated on these changes to ensure their arguments are based on current and valid law. Failing to do so can lead to weak arguments and diminish credibility, as relying on outdated or overturned cases may mislead or confuse judges and opposing parties.

Related terms

precedent: A precedent is a legal decision or form of case law that serves as an example or rule for future similar cases, helping to ensure consistency in judicial decision-making.

stare decisis: Stare decisis is the doctrine that obligates courts to follow historical cases when making a ruling on a similar case, promoting stability and predictability in the law.

case law: Case law refers to the body of law established by the outcomes of former court cases, which judges use to guide their decisions in future cases.