What is Precedent?

Three principal ways of making law

Common, Legislative and Precedent

Legislative law sets policy and propositions approved by governments. Legislation is a product of the theoretical world. Legislation is set from the top, sponsored by the top and approved by the top of hierarchies.

Precedent law looks at previous legal cases which were similar to the current matter in court. Precedent may be the best means to achieve justice while addressing the current social needs. Precedent, however, is subject to past corrections which restrict the freedom of the decision makers today to exercise any prejudice they hold. Therefore, the use of precedent is less likely to result in a miscarriage of justice.

The need is to implement the least unfair legal system despite the inherent imperfect nature of achieving equitable justice.

None of these common, precedent nor legislative methods are perfect tools for achieving justice. Most of us want a punishment in proportion to the crime. But, the severity of the crimes and the weight of the punishments hold different values for each of us. Compounding the problem is that none of these ways of making law works, simply because of imperfect information, including the inevitable situation that all of the relevant facts for making the decisions will not be fully available and truthfully explained. Even if the truth did reign, the interpretation of the facts by judges and jurors is likely to be flawed, because they hold assumptions and prejudices.

Many elected officials think bad behavior can be legislated out of existence. New bills are often based on individual extreme events and are passed without considering the affect they may have on existing situations.

Governments judge their own effectiveness by the number of new bills they pass or have slated for the next legislative session. In the best of all worlds, laws would be ridged enough to maintain the peace and flexible enough to encompass all the variables of each human challenge.

No two individuals hold the same motives, wishes, actions and beliefs. Legal precedent accounts for this by evolving the law as these changes express themselves . Evolution is the best way of making progress, but it is rarely possible to make changes without revolution because entrenched opinions, interests and infrastructure prevents human adaptation to changes in the world environment.

The judge will not research cite cases which identify the precedent in your favor. Your attorney may not have the knowledge, resources or time to research the pertinent cases. The cases offered by the other side may not be on point or may have been overturned. Case Cite Lite, is a service that gives you access to the cases that could win your case.

Precedent set in a tobacco or personal injury case or even a different state may have a point of law that applies to your case. It is not necessary for the precedent to be set in a family law case to help you. Case Cite Lite cases may include; Change of Circumstance, Grandparent Rights, Recording Phone Calls, Custody for Non Family and Move Away.

Do you need Precedent?

Studies, decisions, rulings, previous cases and laws all have a bearing on the outcome of your case.

We do not warrant the fitness of cites offered for use in a court of law, we express no legal opinions in providing them. They are only offered as educational resources. It can help your case to collect relevant cases and give them to your attorney so he has better tools to work with in your case. You will feel encouraged to find cases that have addressed the problems you are facing. Those who go to court with the facts are likely to do better than those who do not. On the other hand if you are only able to identify cases in which your points were defeated, you will be able to stop wasting time and move on to points you can win.

Since precedent is very important in a custody battle, you should explore your case for similarities to already settled cases. You must know how to find the law whether it is Constitutional, Statute, Regulation, Ordinance or Case Law.

Case Cite Lite offers you cites on topics such as:

Interference with Visitation

Damages for Custodial Interference

Damages for Interference & Kidnapping

Liability for Interference with Visitation

Wrongful Inclusion Witness Protection

Damages Awarded for Kidnapping

Psychological Parent

Best Interest of the Child

Grandparents Visitation

Parenting Constitutional Right

Protective Laws Can't Hide a Child

Custodial Parent Can Move Out of State

Absolute Right to Tape Record Trial

Non-Lawyers Can Assist

Recording Telephone Conversations

No Need For Order For Wiretapping

Parental Alienation Syndrome

PAS Testimony Excluded

Full Faith And Credit

Real Advantage Test

Surprise Witness May Not Testify

Shared Parenting

Polygraph results being introduced at trial

What is your First Step?

Your first step is to really understand your case. Your must learn what the court feels are the real issues of the case.

Once you focus on what the court thinks is important then you will be ready to look for Precedent.

Precedent that will make it easy for the judge give the best decision for your child.

Don't give the otherside the win because you were blinded by anger or motivated by revenge. You may have good reason to feel what you feel but those feelings won't give you custody of your child.

The Win Your Child Custody War manual will help you sort out the issues, deal with the horrific things the other side does to you and build the strongest case you can.

Studies, decisions, rulings, previous cases and laws all have a bearing on the outcome of your case.

We do not warrant the fitness of cites offered for use in a court of law, we express no legal opinions in providing them. They are only offered as educational resources. It can help your case to collect relevant cases and give them to your attorney so he has better tools to work with in your case. You will feel encouraged to find cases that have addressed the problems you are facing. Those who go to court with the facts are likely to do better than those who do not. On the other hand if you are only able to identify cases in which your points were defeated, you will be able to stop wasting time and move on to points you can win.

Since precedent is very important in a custody battle, you should explore your case for similarities to already settled cases. You must know how to find the law whether it is Constitutional, Statute, Regulation, Ordinance or Case Law.