Justice Benjamin Cardozo stated that if the answer to a case is not clearly established by statute or by unquestioned precedent,a judge must first extract from the precedents the _____.

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Justice Benjamin Cardozo stated that if the answer to a case is not clearly established by statute or by unquestioned precedent, the problem was twofold: "He [the judge] must first extract from the precedents the ratio decidendi; he must then determine the path or direction along which the principle is to work and develop, if it is not to wither or die." The first part of the problem is separating legal principles from dicta so that the actual precedent is clear.

Justice Benjamin Cardozo Stated That If the Answer to a Case