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Trial And Error - Balancing The Scales Of Justice Through The Doctrines Of Stare Decisis And Ex Proprio Motu, Antonin I. Pribetic
Trial And Error - Balancing The Scales Of Justice Through The Doctrines Of Stare Decisis And Ex Proprio Motu, Antonin I. Pribetic
Antonin I. Pribetic
Many will be familiar with the legal axiom: Great cases, like hard cases, make bad law. This comment addresses the obverse: Bad cases, like ordinary cases, make hard law. Put another way, to what extent should a judge or appellate court be bound by the doctrine of stare decisis when confronted with a legal precedent which is incorrect?