Legal Question in Family Law in New York
Precedents
under what circumstances would the court disregard a precedent?
Asked on 2/03/07, 11:22 am
1 Answer from Attorneys
Kristen Browde
Browde Law, P.C.
Re: Precedents
There are any number of circumstances under which a court might - if not disregard - distinguish a current case from one that appeared to have precedential value.
In Family Court cases, the Courts have broad discretion to distinguish cases based on their facts. The current case may not be precisely the same as the previous case.
Also, the Court may find that following the precedent yields a manifestly inequitable result. It doesn't happen often - but it's a possibility.
There are others.
Answered on 2/03/07, 11:48 am