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Law Of Precedent
Part 1 of Paper .... 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 .... Part 2 of Paper ...., 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 drawback is prevalent in
two forms: The first is the ruling of a court case, and the second is the
sentencing or judicial decision of a case.
In order to examine the first form an example is given. A long time ago,
sexual harassment at the work place was virtually unheard of or it .... |
Number of words: 1360 - Approximate pages: 5 |
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