Disadvantages of stare decisis , Business Law and Ethics

Disadvantages of Stare Decisis

Over-subtlety or Artificiality

However a judge is forced, but it were follow an earlier case that, his conscience may preclude him from following, he might be inclined for 'distinguish' the present case from the earlier case.  Thus this artificial 'distinguishing' sometimes creates artificial differences that make case law over-subtle for such.

Bulk and Complexity

Conversely so many cases are being decided everyday through courts all over the country, case law has become bulky and complex and it is suspicious if judges would really know whether a relevant earlier case had been decided to sure about, say some ten years ago.

Piece-meal

Hence rules of law are made in complete bits and pieces.

Posted Date: 1/21/2013 5:42:35 AM | Location : United States







Related Discussions:- Disadvantages of stare decisis , Assignment Help, Ask Question on Disadvantages of stare decisis , Get Answer, Expert's Help, Disadvantages of stare decisis Discussions

Write discussion on Disadvantages of stare decisis
Your posts are moderated
Related Questions
Which was the first global treaty The IAEA was the first global treaty regulating and facilitating the trade of nuclear technology through its provisions. Within the framework

The impact of behaviour on the policy agenda To see the impact of behaviour, on the policy agenda and outcomes, which is generally not apparent, one way is to focus on the basi

WHAT ARE THE EXCEPTINS TO THE ''NEMO DAT'' RULE?

Jonathan has been in the continuous employment of Dockland cleaning and laundry Co. Ltd since 1st August 2000. He is also a member and secretary of the Cleaning and Laundry Workers

INTERNATIONAL TRADE LAWS The laws controlling and regulating International trade have become one of the fastest growing areas of international law. International trade laws conce

Remedies of the Buyer - Sales of Goods (a)Damages for non-delivery Section number 51 (1) provides that whether the seller wrongfully neglects or refuses to deliver the go

England Judicial System Moreover the current England judicial system is prearranged in the form of a pyramid, along with the Court of Appeal at the apex there the High Court i

Proceedings for Compulsory Liquidation: When the petition is presented to the court a copy is delivered to the company in case it objects, and it is advertised so that other

Liability:             The secretary is an officer of the company and thus he owes fiduciary duties to the company which are similar to those of a director, eg. he must act in

Provisions Which Prevent Capital Going Out Of The Company: In Trevor v Whitworth (1887) Lord Watson stated: "Paid-up capital may be diminished or lost in the course of the