Advantages of stare decisis - aptitude for growth, Business Law and Ethics

Advantages of Stare Decisis - Aptitude for growth

However process of 'distinguishing' cases facilitates the growth of detailed legal principles to deal by different factual situations.  So hence it would probably not be possible in a purely enacted system of law.

Moreover a case is 'distinguished' whether a judge points out the difference in the material facts of an earlier case and the case previous him for decision, like the basis for arriving at a different decision.

Posted Date: 1/21/2013 5:38:07 AM | Location : United States







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