Understanding Legal Precedent Academic Article uri icon

abstract

  • This is an essay to help students understand the important role of precedent in the U.S. legal system. By describing how precedent works, the numerous benefits of a legal system based on precedent, and analogies to precedent in everyday life, a more robust understanding of this often misunderstood principle arises. This essay uses the Supreme Court case of Obergefell v. Hodges and puts the reader in the shoes of attorneys for either side of a hypothetical appellate case trying to apply the precedent in Obergefell in a manner that would benefit their respective side.

published proceedings

  • SSRN Electronic Journal

author list (cited authors)

  • Conklin, M.

citation count

  • 0

complete list of authors

  • Conklin, Michael

publication date

  • 2023