Under a system of common law, which elements are used as the basis of a legal decision? Check all that apply.a judge’s feelings about a defendantthe results of other trials for the same crimethe opinions of legislatorsthe treatment of similar crimes in the pastthe wishes of the king or other political leader
Answer
A
a judge’s feelings about a defendant
B
the results of other trials for the same crime
C
the opinions of legislators
D
the treatment of similar crimes in the past
E
the wishes of the king or other political leader
Explanation
Common law relies on precedent: judges consider how courts decided earlier cases, especially cases with similar facts or legal issues. Thus, results from earlier trials for the same crime and the past treatment of similar crimes can guide a decision. A judge’s personal feelings, legislators’ opinions, or a political leader’s wishes are not the basis of common-law precedent.
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