Legal Definitions - hard case

Definition: A hard case is a legal dispute that involves complex and difficult issues that may tempt a judge to ignore or bend the law. This can result in a bad legal precedent that may have negative consequences in future cases.

Example 1: A case involving a terminally ill patient who wants to end their life with the help of a physician is a hard case. The judge may be tempted to allow assisted suicide, even though it is illegal, because of the patient's suffering. However, this could set a dangerous precedent for future cases.

Example 2: A case involving a company that has been accused of polluting a river is a hard case. The judge may be tempted to order the company to pay a large sum of money to clean up the river, even if it bankrupts the company. However, this could set a precedent that would discourage companies from investing in environmentally friendly practices.

These examples illustrate how hard cases can be difficult for judges to decide because they involve competing interests and values. Judges must balance the equities of the case with the principles of law, and sometimes this can result in a bad legal precedent.