Legal Question in Legal Ethics in North Carolina
John's company is involved in a lawsuit with a customer, Beth. John argues that for fifty years, in cases involving circumstances similar to this case, judges have ruled in a way that indicates that the judge in this case should rule in favor of John's company. Is this a valid argument? If so, must the judge in this case rule as those other judges have? What argument could Beth use to counter John's reasoning?
1 Answer from Attorneys
The only time a Judge HAS to rule in a certain manner is if the law or a higher court requires it. Say a million rullings in District Courts across North Carolina say the same exact thing. Nothing requires the judge in the next case to follow. If the NC Court of Appeals or NC Supreme Court rule a certain way then the Judge is required to follow.
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