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, Vol. 15, No. 3, pp. 8-11, March 2007

4 Pages Posted: 22 Jan 2007

See all articles by Antonin I. Pribetic

Antonin I. Pribetic

Ministry of the Attorney General -Crown Law Office -Civil

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?

Keywords: procedural law, jurisdiction, justiciability, stare decisis, ex proprio motu, precedent

JEL Classification: K30, K40, K41

Suggested Citation

Pribetic, Antonin I., 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, Vol. 15, No. 3, pp. 8-11, March 2007, Available at SSRN: https://ssrn.com/abstract=958106

Antonin I. Pribetic (Contact Author)

Ministry of the Attorney General -Crown Law Office -Civil

Ontario
Canada

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
108
Abstract Views
1,157
rank
312,797
PlumX Metrics