AAERT Certified Electronic Reporter (CER) Practice Test

Why do attorneys reference case law in legal arguments?

1. To use past decisions to support their points.

2. To cite precedent.

3. To demonstrate their knowledge of the law.

4. All of the above.

The correct answer is: All of the above.

Attorneys reference case law in legal arguments for several reasons, all of which contribute to building a stronger case. Utilizing past decisions, or precedent, is fundamental in legal practice as it allows attorneys to frame their arguments within the established legal framework. This helps to demonstrate how similar cases have been resolved, creating a persuasive narrative that aligns with judicial reasoning. Moreover, referencing case law signifies an attorney's understanding of legal principles and the context in which they operate. By citing relevant precedents, attorneys not only provide supporting evidence for their arguments but also showcase their expertise and familiarity with the law. This depth of knowledge reinforces their credibility in the eyes of judges and opposing counsel. Incorporating these elements transforms an argument from a mere opinion into a substantiated claim that resonates with the legal community's expectations and standards, illustrating the importance of case law in legal argumentation. Therefore, the answer encompasses the multifaceted role that case law plays in legal discourse and the varying motivations behind its citation.