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

What do you understand by business ethics, QUESTION 1 (1) What do you u...

QUESTION 1 (1) What do you understand by business ethics? (2) How can an ethical climate be improved in an organization? QUESTION 2 Explain the importance of stakeho

Pawan, Decode the Code Problem Description Smugglers are becoming very smar...

Decode the Code Problem Description Smugglers are becoming very smart day by day. Now they have developed a new technique of sending their messages from one smuggler to another. In

What is the meaning of policy process planning, What is the meaning of Poli...

What is the meaning of Policy process planning We shall see a step wise guide applied in actual policy formulation. It will pull you out of the jungle of technical interconnect

Invitation to treat - law of contract, Invitation to Treat - Law of Contrac...

Invitation to Treat - Law of Contract Well this is a mere invitation through a party to another or others to make offers.  Another time the offeror become offeree and invitee

Name the legislations passed regarding state succession, There are certain ...

There are certain legislations passed regarding state succession. For example, The continuance of legal Proceedings Act 1950; The Pakistan Currency Act 1950; The Pakistan

Judicial control - subsidiary legislation, Judicial Control: Conversel...

Judicial Control: Conversely the courts can declare any law made as subsidiary legislation to be invalid or unacceptable under the ultra vires doctrine. Thus the law may be de

Parol evidence rule, 1. How do mandatory terms limit freedom of contract? ...

1. How do mandatory terms limit freedom of contract? 2. How do contract interpretation issues arise? 3. What is the difference between subjective and objective intent?   4

State succession concerns international organizations, State succession con...

State succession concerns international organizations Issue regarding state succession concerns international organizations. There are more than 30,000 treaties entered into be

Describe the separate streams of problems and policies, Describe the Separa...

Describe the Separate streams of problems and policies The separate streams of problems, policies, and politics each have lives of their own. Problems are recognized an

Accounts and audit, ACCOUNTS AND AUDIT: By s.147(1) every company shal...

ACCOUNTS AND AUDIT: By s.147(1) every company shall cause to be kept in the English language "proper books of account" with respect to - (a) all sums of money received and

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