Trial and Error - Balancing the Scales of Justice Through the Doctrines of Stare Decisis and Ex Proprio Motu
Abstract
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?
Suggested Citation
Antonin I. Pribetic. "Trial and Error - Balancing the Scales of Justice Through the Doctrines of Stare Decisis and Ex Proprio Motu" Ontario Bar Association-Civil Litigation Section Newsletter 15.3 (2007): 8-11.
Available at: http://works.bepress.com/antonin_pribetic/6
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