Doctrine of Precedent - India, U.S and U.K


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Stare decisis

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  • @IshaanDang ok.. in that case i must say that u provided a good explanation.. :)
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  • @manuvrsaxena this was made for a class presentation, so I had to mold it accordingly. Basically, I had to explain every point in detail. It is particularly targeted at law students. But your feedback is welcome :)
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  • My motive is not to criticize your work.Its good,but it could have been better if you could cut-short the length of all the statements(clauses).I think you could provide the gist of these clauses and at the end your clear message could be written which you were trying to deliver.. As a viewer with normal IQ level i feel that these much lengthy things are tough to understand..
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Doctrine of Precedent - India, U.S and U.K

  1. 1. Doctrine of precedent is recognized in Indian legal system also being a ‘descendant’ ofthe British legal system. The main principles of doctrine of precedent as applicable inIndia are:a) All inferior and subordinate court is bound by the decision of the High courts to which they are subordinate. Decisions of other High court are of only persuasive value for the subordinate court. Thus High court can bind only those inferior courts which are within their territorial jurisdiction. As for example district courts of Delhi are bound to follow the precedent set by Delhi High Court, but not of Chandigarh High Court. Decision pronounced by the Chandigarh High Court is only of persuasive value for the District court at Delhi.b) In case there is a conflict between the decisions of two co-equal bench of the same High Court, then the decision later in time should be followed. However, apex court observed in Indo Swiss Time Ltd. vs. Umrao A.I.R. 1981, Panch H, 213(F.B.) that the authority must be considered on the basis of rationale view and logic expressed therein and not merely on fortuitous circumstances.c) Smallest bench of the High Court consists of single judge, division bench is of two judges and the bench consisted of more than two judges is called full bench. The decision of larger bench is binding on smaller as well as coordinate bench.
  2. 2. THE AMERICAN LEGAL SYSTEM In the United States, which uses a common law system in its state courts and to a lesser extent in its federal courts, the Ninth Circuit Court of Appeals has stated:Stare decisis is the policy of the court to stand by precedent; the term is but anabbreviation of stare decisis et quieta non movere — "to stand by and adhere todecisions and not disturb what is settled." Consider the word "decisis." The word means,literally and legally, the decision. Nor is the doctrine stare dictis; it is not "to stand by orkeep to what was said." Nor is the doctrine stare rationibus decidendi — "to keep to therationes decidendi of past cases." Rather, under the doctrine of stare decisis a case isimportant only for what it decides — for the "what," not for the "why," and not for the"how." Insofar as precedent is concerned, stare decisis is important only for the decision,for the detailed legal consequence following a detailed set of facts. In other words, stare decisis applies to the holding of a case, rather than to obiter dicta ("things said by the way"). As the United States Supreme Court has put it: "dicta may be followed if sufficiently persuasive but are not binding."
  3. 3.  In the United States Supreme Court, the principle of stare decisis is most flexible in constitutional cases: Stare decisis is usually the wise policy, because in most matters it is more important that the applicable rule of law be settled than that it be settled right. ... But in cases involving the Federal Constitution, where correction through legislative action is practically impossible, this Court has often overruled its earlier decisions. ... This is strikingly true of cases under the due process clause. —Burnet v. Coronado Oil & Gas Co., 285 U.S. 393, 406–407, 410(1932) (Brandeis, J., dissenting).
  4. 4. In the United States and England, the Common Law hastraditionally adhered to the precedents of earlier cases assources of law. This principle, known as stare decisis,distinguishes the common law from civil-law systems, which givegreat weight to codes of laws and the opinions of scholarsexplaining them. Under stare decisis, once a court has answereda question, the same question in other cases must elicit thesame response from the same court or lower courts in thatjurisdiction.
  5. 5. The principle of stare decisis was not always applied with uniformstrictness. In medieval England, common-law courts looked toearlier cases for guidance, but they could reject those theyconsidered bad law. Courts also placed less than complete relianceon prior decisions because there was a lack of reliable writtenreports of cases. Official reports of cases heard in various courtsbegan to appear in the United States in the early 1800s, but semi-official reports were not produced in England until 1865. Whenpublished reports became available, lawyers and judges finally haddirect access to cases and could more accurately interpret priordecisions.
  6. 6. For stare decisis to be effective, eachjurisdiction must have one highest court todeclare what the law is in a precedent-settingcase. The U.S. Supreme Court and the statesupreme courts serve as precedential bodies,resolving conflicting interpretations of law ordealing with issues of first impression.Whatever these courts decide becomesjudicial precedent.
  7. 7. In the United States, courts seek to followprecedent whenever possible, seeking tomaintain stability and continuity in the law.Devotion to stare decisis is considered amark of judicial restraint, limiting a judgesability to determine the outcome of a case ina way that he or she might choose if it werea matter of first impression.
  8. 8. The use of precedent by courts in the United States ofAmerica should be viewed as a tradition or a practice, ratherthan a legal doctrine in the strictest sense of the word,because it is so deeply embedded in the culture of the legalprofession and the judiciary that it takes place without muchreflection by judges. In its simplest and most importantsense, the doctrine of stare decisis requires all tribunals ofinferior jurisdiction to follow the precedents of courts ofsuperior jurisdiction, to accept the law as declared by superiorcourts, and not to attempt to overrule their decisions.American lawyers have come to believe that “[t]he slightestdeviation from this rigid rule would destroy the sanctity of thejudicial practice. There would be no finality or stability in thelaw and the court system would be chaotic in its operationand unstable and inconsistent in its decisions.”