> Side A has 10 examples of case law that support their position, which they use in their motions and filings -- and Side B has 10 counterexamples of caselaw that support the opposite position, which they also use
Yes. Then you figure out in what respects the current case resembles the precedent and which is more unique. There are not twenty cases where the facts and circumstances are identical to the present one because that’s not how reality works.
> Judge, who is a very busy man, simply cannot research the issue in exhaustive detail
Literally the lawyers’ jobs to do this.
I don’t think it’s a coïncidence that the oldest continuous legal systems in the world are precedent-based.
Sure, but we're talking about an adversarial system where the lawyers are necessarily at-odds with each other, so they research the issue each from their own perspective. Then the one side will present the judge (in motions, etc.) with "here are ten cases that support our position, we've researched them exhaustively," and the other side goes, "no, no, those are distinguishable because X, here are ten cases that support OUR position, we've researched them extensively," -- and the judge and his clerks, so busy that it takes them two months to respond to any motion or communication, often just go with their guts and justify their decision post hoc.
> I don’t think it’s a coïncidence that the oldest continuous legal systems in the world are precedent-based.
lol, dude, it's a mess right now. If society cared at all about justice, and especially about access to justice, the current system would undergo absolute root-and-branch overhaul.
Yes. Then you figure out in what respects the current case resembles the precedent and which is more unique. There are not twenty cases where the facts and circumstances are identical to the present one because that’s not how reality works.
> Judge, who is a very busy man, simply cannot research the issue in exhaustive detail
Literally the lawyers’ jobs to do this.
I don’t think it’s a coïncidence that the oldest continuous legal systems in the world are precedent-based.