ManipUni wrote:
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elmer wrote:
The courts are interested in the law, the arguments presented, and precedents already set. Courts are VERY reluctant to ever make an interpretation of the law that is not already well known and accepted, as they are well aware that such deviations will more than likely be overturned by a higher court. |
That's why higher courts exist. That's also why the appeals process exist.
Working as intended.
http://en.wikipedia.org/wiki/Common_law
The reality of life is that if you are a judge who has precedent setting decisions overturned too often, then you will be marginalised.
In the American system, you can be sacked, while in the UK system you will be risking your future advancement through the court system.
This is why judges are reluctant to make decisions that involve setting precedents in interpreting the law.
If you are on the losing side of that scenario, then you have a tough job arguing to an appeal court, as they will normally only hear arguments involving errors in law or errors in process... not setting a precedent, is a hard one to present as an error in law.
I know of this stuff from much first-hand experience of championing just causes, only to be out-spent by the other side, or having judges refuse to risk making a precedent for fear of the appeal courts.