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The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Our lawyers service a clientele that is nationwide. With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm.

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Representative Cases

By Spodek Law Group | October 18, 2023
(Last Updated On: October 19, 2023)

Last Updated on: 19th October 2023, 07:50 pm


Representative Cases in Law

When we think of the law, we often think of these landmark Supreme Court cases that set precedents and have a huge impact. But what about all those other cases that don’t make it to the Supreme Court? The ones heard in local courts every day? These are called representative cases, and they matter too!

A representative case is basically any case that represents a common legal issue. These cases usually don’t set precedents, but they allow the common law to develop and change over time. Let’s take a look at some examples of representative cases and why they’re important:

Minor Criminal Cases

Most criminal cases actually fall under state law, not federal. And most of the cases that come through local courts are relatively minor crimes – petty theft, drunk driving, simple assault. But for the people involved, these cases impact their daily lives and futures. So the outcomes really matter to them.

For example, say Paul is arrested for shoplifting a $15 bottle of wine from the corner store. The store owner decides to press charges. This is a minor crime, but the case still deserves thoughtful consideration. The judge and lawyers have to weigh factors like: Is this Paul’s first offense? Why did he steal – does he have a drug or alcohol problem? Should he get jail time or a fine and probation? Representative cases like these may not set precedents, but they allow the law to adapt and judges to consider individual circumstances.

Small Claims Court Cases

Small claims court handles civil cases disputes under a certain dollar amount – usually $5,000 to $25,000, depending on the state. These include issues like:

  • Disagreements between consumers and businesses
  • Damage to rental property
  • Minor car accidents
  • Issues with contractors

Again, these cases impact people’s everyday lives. Say your landlord refuses to return your safety deposit, or a mechanic overcharged you for repairs. Small claims court gives the average person a way to resolve these disputes without hiring expensive lawyers. The cases may not set precedents, but the outcomes matter for those involved. Judges have to carefully consider the evidence and make fair rulings.

Family Court Cases

Family court deals with sensitive issues like divorce, child custody, spousal and child support. Each case is unique and requires thoughtful consideration of the people involved – their situations, needs, relationships. Family court judges need wisdom and discernment to make rulings that are fair and compassionate.

For instance, two parents may be divorcing and disputing custody of their young daughter. The judge hears testimony from both sides – the parents, child psychologists, teachers, family members – to understand the full context. These details matter. The judge considers factors like the child’s age, her relationship with each parent, their parenting abilities and lifestyles. The goal is a custody arrangement that serves the child’s best interests. This representative case deeply impacts a family’s future.

Why Do Representative Cases Matter?

Even though representative cases don’t make headlines, they’re crucial for several reasons:

  • They allow the common law to adapt to society’s changing values and norms.
  • They bring justice and resolution to ordinary people’s everyday disputes.
  • They shape how laws are interpreted and applied on a local level.
  • The outcomes directly impact people’s lives, futures and livelihoods.
  • They cover issues that affect large segments of society – families, consumers, employees, tenants.
  • They influence public perceptions of the justice system.
  • The accumulation of decisions develops legal guidelines over time.

Most cases will never advance to higher courts. But paying attention to the details and ruling fairly on these representative cases is how local judges put justice into action. These cases may not make headlines, but they sustain the living practice of law in our communities.

Defenses in Representative Cases

Just like in high-profile cases, defendants in representative cases can raise various defenses. The details of each small case dictate what defenses might apply. Here are some examples:


If a defendant is charged with assault or battery, they may claim they acted in self-defense. This means using reasonable force to protect oneself from harm. For example, Steve gets in a fight with a man who aggressively confronts him at a bar. Steve could argue he threw the first punch to prevent the man from hurting him further.

Insanity Defense

This is the argument that mental illness prevented the defendant from understanding their actions or knowing right from wrong. This rarely succeeds, since the mental illness must be severe. But it has worked in some representative criminal cases involving delusions.

Necessity Defense

Also called the “choice of evils defense.” The defendant admits to breaking the law, but argues they had to in order to prevent immediate harm. For instance, a dad speeding to get his sick child to the ER may cite necessity if pulled over.


In this defense, the defendant says they were forced to break the law by the threat of violence. So they had no realistic choice but to comply. This could apply if a member of a crime ring claims they participated only because the leader threatened their family.

Statute of Limitations

This argues that too much time has passed between the alleged crime and the charges being filed. Every crime has a “statute of limitations” – a deadline for prosecution. In many states this may be 3-6 years for common crimes. The purpose is to ensure a timely trial when evidence is still fresh.

While these defenses originate in higher courts, skilled lawyers also apply them effectively in representative cases. The details always matter – was the action truly self-defense or necessity? The evidence must support the claim. But raising an applicable defense can lead to reduced charges or even dismissal in small cases.


Here are some key points on representative cases:

  • They allow the common law to adapt and remain relevant.
  • Local judges must carefully weigh facts and make fair rulings.
  • Outcomes significantly impact people’s daily lives.
  • Defenses like self-defense or insanity may apply.
  • Small cases don’t make headlines but are building blocks of the justice system.

While Supreme Court cases understandably get more attention, we can’t overlook the importance of representative cases. They may not set precedents, but they impact real people in lasting ways. Our justice system depends on judges and lawyers taking each case seriously, considering the circumstances, and applying the law in a reasonable way. Paying attention to the details matters – not just in high courts, but everyday local cases.


Definition of representative cases

Why representative cases matter

Common criminal defenses

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