Law Of Precedent
Law of Precedent
One of the major considerations on how someone is tried in a court of
law depends upon the previous convictions of similar cases. This law of
precedent (stare decisis) was founded hundreds of years ago as part of our
common law. The literal translation of stare decisis is "that like cases be
decided alike." Precedents in law play a fundamental role in the judicial
processes of Canada. From stealing a loaf of bread ranging to murder in the
first degree, there are precedents for any type of case that has ever occurred
in Canada, and even many cases from Britain (prior to 1949 and the abolishment
of the JCPC). Unfortunately, the law of precedent does have its downfalls.
Despite the fall backs of stare decisis, the law of precedent still holds
true and important in our modern society. Some of the shortcomings of stare
decisis are the following: As time changes, precedents need to change in order
to accommodate society's new values and laws. Furthermore, the......
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