LEGAL CON­CEPT 2: LEG­IS­LA­TION, CASE LAW, AND PRECE­DENT

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Leg­is­la­tion is what we gen­er­ally think of as ‘law’ – bills voted on by the House of Rep­re­sen­ta­tives and the Senate that cod­ify what is per­mis­si­ble or pro­hib­ited conduct. Case law is what hap­pens when those laws are ac­tu­ally ap­plied to facts in court cases that are brought be­fore judges. Those judges, in in­ter­pret­ing leg­is­la­tion, cre­ate prece­dent, which is bind­ing on lower courts, but can be over­rid­den by higher courts or by newly-cre­ated leg­is­la­tion.

In the con­text of this ar­ti­cle, the IGA is the rel­e­vant leg­is­la­tion, but since no­body’s ac­tu­ally sued any­body over es­ports gam­bling yet, no­body is sure yet how the IGA ac­tu­ally ap­plies to the field – there isn’t any case law to guide the way.

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