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Law Of Precedent

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 "that like cases be decided alike." Precedents in law play a fundamental role in the judicial processes of Canada. 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, th ....

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