Law Of Precedent

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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time, a law may be found as no longer applicable, or on the other hand, a new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
sentencing or judicial decision of a case.

In order to examine the first form an example is given. A long time ago,
sexual harassment at the work place was virtually unheard of or it was ignored
altogether. The case probably would not even make it to court. Nowadays if a
boss (traditionally a man) simply inquires about an employee's sexual status
(traditionally the woman) is considered sexual harassment, and the boss would be
found guilty of the charge. This is a classic example of the changing views of
society. Sixty plus years ago, women seemingly meant nothing to the ...

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the laws of capital punishment. Yet nowadays, the taking of a convicted
killer's life is deemed as cruel and unusual punishment, even if he murdered the
Prime Minister on national television. If that example is too drastic, here is
another, more reasonable example. In the United States, court rulings dealing
with personal injury or damages are becoming out of this world. Here are a
couple of examples: A lady gets 8 million dollars for spilling hot coffee from
McDonalds' on herself; O.J. Simpson is out a total of 33 million dollars for the
wrongful deaths of Nicole Brown-Simpson and Ronald Goldman. These rulings are
ludicrous! If one chooses to say that is the States and not Canada, how ...

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