Cut and Paste

Have you ever wondered how judges manage to write lengthy decisions and still be able to hear cases without delay? For many, reading court records is difficult enough. It’s not surprising then, why many revere magistrates for their intellect and dedication to their profession.

While drafting a court opinion takes a lot of work, they are not exactly very difficult to do. The countless footnotes that usually litter decisions may seem to suggest that its author went through a lot in order to come up with it. However, these references are actually time-savers.

Judges cannot just issue a ruling based on personal opinion. He has to weigh in the evidence, and apply the appropriate law on the matter. However, the law can sometimes be applied or interpreted in a number of ways. In order to avoid any inconsistency, courts are enjoined to follow precedents.

The rule on precedents has tremendously aided judges in disposing controversies quickly but accurately. In deciding a particular controversy, all that a judge has to do is to look for a Supreme Court case that has the same facts. If he has found one, then his task is reduced to just copying the ruling of the highest court of the land.