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Essay Details:
Essay text:
From stealing a loaf of bread ranging to murder in the
first degree, there are precedents for any type of case that has ever occurred
in Canada, and even many cases from Britain (prior to 1949 and the abolishment
of the JCPC). Unfortunately, the law of precedent does have its downfalls.
Despite the fall backs of stare decisis, the law of precedent still holds
true and important in our modern society. Some of the shortcomings of stare
decisis are the following: As time changes, precedents need to change in order
to accommodate society's new values and laws. Furthermore, the introduction of
"social facts" in court cases has clouded over many existing precedents with
many new facts and ideas that render the basics of stare decisis much more
complicated...
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