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

Stare decisis and its application by us courts, Stare Decisis and Its Appli...

Stare Decisis and Its Application by US Courts However there is so far no case decided through the US Court of Appeal regarding the application of "stare Decisis" through US C

Appointment by directors, APPOINTMENT BY DIRECTORS: The company first ...

APPOINTMENT BY DIRECTORS: The company first auditors of may be appointed through the directors at any time before the first annual general meeting, and auditors so appointed s

Analyze the differences between a proposal and an invitation, Analyze the d...

Analyze the differences between a proposal and an invitation to treat and discuss the rules to determine the point of time on which an agreement is reached. Using the latest Malays

Meaning of public, Meaning Of "Public":                    For the pur...

Meaning Of "Public":                    For the purposes of the prospectus issue the word "public" is declared by S.57 (1) to include "any section of the public, whether selec

Relationship of partners inter se, Relationship of Partners Inter Se W...

Relationship of Partners Inter Se Whether various terms are in utilize to denote the different specification of partners.  Then the most central of these terms are like: (

What are the consensus in the political stream, What are the Consensus in t...

What are the Consensus in the political stream Political events move along at their own pace, and according to their own dynamics and rules. Developments in the political sphe

Chaos Monkeys, Discuss the character of Mr. Martinez and the relationship b...

Discuss the character of Mr. Martinez and the relationship between his personal life and work life. Do effectiveness in Silicon Valley and on Wall Street require that one be like M

Judicial limits and fact finding, American Courts, though vested with consi...

American Courts, though vested with considerable Constitutional authority, are limited in power by the other branches of the government, the States to some extent, and the people.

Legislative or parliamentary control, LEGISLATIVE OR PARLIAMENTARY CONTROL:...

LEGISLATIVE OR PARLIAMENTARY CONTROL: (i)         Parliamentary approval and (ii)        Ministerial approval and (iii)       Publication into the England Gazette and

Companys objects, Companys objects: A company's objects are stated pur...

Companys objects: A company's objects are stated pursuant to the provisions of an Act of Parliament. It must therefore be deduced, for example, that a company whose object has

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