Re:French Court Issues Damages Award for Violation of GPL
by eru on Monday March 04, 2024 @08:31AM
(#39590235)
In practice, precedence has about the same legal power in both common law and civil law jurisdictions.
That is civil law courts tend to go with the precedent most of the time on the one hand. And on the other hand, a common law judge can always do a bit of nitpicking to argue why the case before her is special and thus different enough from the precedent (or she can pick from multiple different precedents, and then come up with a justification for why the one she picked matches the case before her the most).
That is civil law courts tend to go with the precedent most of the time on the one hand. And on the other hand, a common law judge can always do a bit of nitpicking to argue why the case before her is special and thus different enough from the precedent (or she can pick from multiple different precedents, and then come up with a justification for why the one she picked matches the case before her the most).