Law Of Precedent

Part I of Essay
One of the major considerations on how someone is tried in a court of law depends upon the previous convictions of similar cases. This law of precedent (stare decisis) was founded hundreds of years ago as part of our common law. The literal translation of stare decisis is " ....

Part II of Essay
.... new facts and ideas that render the basics of stare decisis much more complicated. One of the more common drawbacks to the law of precedent is that over time, a law may be found as no longer applicable, or on the other hand, a new decision may be found in a trial which can also be undesirable. Keep in mind that the courts are not supposed to create new policies to deal with new problems, that is the role of the legislature. This drawback is prevalent in two forms: The first is the ruling of a court case, and the second is the sent ....