Explain How a Trial Judge Might Avoid the Rule of Stare

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The Answer is Although the trial judge in such a case would understand that she or he was technically bound to follow earlier decisions dealing with the same subject as the case before her or him and also that normally decisions of higher courts would be binding on her or him,it would be open to her or him to distinguish the facts of the case before her or him from the facts of earlier decisions by dwelling on minor differences between them.This would permit the trial judge to depart from the normal rules and adjust the law to the case before her or him by applying it differently than it was applied in previous or higher decisions.However,the real test of the correctness of the trial judge's decision would come on appeal to either a court of appeal or the Supreme Court of Canada.If these courts,more particularly the Supreme Court of Canada,upheld the trial judge's decision,then her or his departure from the normal rules would be confirmed and she or he would have effectively changed the common law.

Explain How a Trial Judge Might Avoid the Rule of Stare

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