This is a short summary of the paper
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Law Of Precedent
Start of Term Paper
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 tra .... Middle of Term Paper
... changes, precedents need to change in order
to accommodate society's new values and laws. Furthermore, the introduction of
"social facts" in court cases has clouded over many existing precedents with
many new facts and ideas that render the basics of stare decisis much more
complicated.
One of the more common drawbacks to the law of precedent is that over
time, a law may be found as no longer applicable, or on the other hand, a new
decision may be found in a trial which can also be undesirable. Keep in mind
that the courts are not supposed to create new policies to deal with new
problems, that is the role of the legislature. This dra ... |
| Number of Words: 1360 |
Approximate Pages: 5 |
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