Hard cases with compelling equities tempt judges to stretch legal principles, potentially creating bad law precedents
A hard case is defined as a lawsuit involving equities that may tempt a judge to stretch or disregard legal principles, leading to the adage "hard cases make bad law." Justice Holmes extended this concept to include great cases, explaining that such cases are considered significant not due to their importance in shaping future law, but because of immediate overwhelming interests that appeal to emotions and distort judgment. These interests create hydraulic pressure that makes previously clear legal principles seem doubtful and causes well-settled law to bend. The concept warns against allowing exceptional circumstances to undermine established legal doctrine.
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