What can be done if a specific case has no applicable statute? 2 Answers as of June 07, 2013

In a case presented to the Philadelphia court, the judge and the jury realize that no specific statute is applicable and decide to refer to previously recorded legal decision made in similar case.

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Lawyer for Indie Media
Lawyer for Indie Media | Sue Basko
A lot depends on whether this is a criminal or civil case, a traffic citation, a family law case, or what it is. If a person has been charged with a crime and there is no statute saying the act is a crime, the person has possibly been wrongly charged. If a person has been sued and there is no cause of action created by statute, sometimes case law might be referred to to decide whether to extend a cause of action. That is how causes of action grow and evolve, other than being created outright by statute. So you see, I would need much more detail to really assist you. If you have an actual legal problem before you, go find a lawyer licensed in Pennsylvania to assist you.
Answer Applies to: Illinois
Replied: 6/7/2013
Sebby Law Office
Sebby Law Office | Jayne Sebby
Many issues have no statute to provide a resolution. When that happens, the trier of fact (judge or jury) must look to previous cases for guidance in coming to a decision. The higher the court that made a previous decision, the greater the weight the current court gives the ruling. So a decision from the U.S. Supreme Court has precedence over rulings from all other courts while a decision from a local or county court will only be considered by other courts at that level.
Answer Applies to: Nebraska
Replied: 6/7/2013
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