Discretion within the courts has both positive and negative consequences. First, discretion gives judges the ability to better handle circumstances on a case by case basis rather than adhering to hardline black letter law that may not properly address a situation at hand. It, in a sense, invokes more common sense into the law. However, the cons hold heavy weight. First, this gives rise to judicial inconsistency in different courts on the same issue and sometimes even the same courts hold different ways. Thus, a plaintiff may “win” in one state and “lose” in another. Following, judges personal bias and thinking is intermixed in case law. This is a largely unwanted consequence. Ideally, laws would be mostly uniform across sovereign territories and not be influenced by a judges whim. The study and application of law is no easy task, but I believe legislatures can improve upon the existing legal structure.