Disadvantages of stare decisis , Business Law and Ethics

Assignment Help:

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.


Related Discussions:- Disadvantages of stare decisis

Analyse ethical and legal issues , Fran is a 68 year old female patient wit...

Fran is a 68 year old female patient with a history of diabetes.  Fran separated from her husband, Derek, 3 years ago (although they are not divorced) and over the past few years t

Statutory corporation and chartered corporation, Statutory Corporation a...

Statutory Corporation and Chartered Corporation Statutory Corporation However this is created through an Act of Parliament and comes in existence from the date of c

Determine the levels of policy perspective, Determine the levels of Policy ...

Determine the levels of Policy perspective Policy perspective, analysis can be made on three levels, state-system level, the nation-state level and the decision making level. T

Reaction of other countries - policy coordination, Reaction of Other Countr...

Reaction of Other Countries - Policy coordination  A final problem associated with the policy coordination is that countries not involved in the policy agreement may react in s

Explain the elements of governmental authority, Explain the elements of gov...

Explain the elements of governmental authority The theme of these draft laws is mentioned in Article 1, which says that every internationally wrongful act of a State entails th

Mind like inventions, Intellectual property refers to creations of the mind...

Intellectual property refers to creations of the mind like inventions, artistic and literary works, designs, and more used for profit. There are two categories of intellectual prop

Fraudulent concealment of a book, Fraudulent concealment of a book: He...

Fraudulent concealment of a book: Hence it is nothing to him where dividends are properly or improperly declared, and provided he discharges his own duty to the shareholders.

Ratification - law of agency and partnership, Ratification - Law of Age...

Ratification - Law of Agency and Partnership However this is the adoption or confirmation through a person of a contract previously entered in through another.  Well

Impose a duty on directors, Impose a duty on directors: A company is, ...

Impose a duty on directors: A company is, however, free to impose a duty on its directors to attend board meetings within a certain period of time and to prescribe the consequ

Best arguments to support the objections - law, Dennis and his brother, Oti...

Dennis and his brother, Otis, are charged with murdering Johnson. Eyewitnesses had seen the two defendants fighting with the victim outside a bar after midnight. Shortly afterwards

Write Your Message!

Captcha
Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd