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precedent as source of law.pptx

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precedent as source of law.pptx

  1. 1. NAME – SHUBHAM RAMCHANDRA PATANKAR CLASS – NLC 4TH ROLL NO – 5420 NAME OF TOPIC – PRECEDENT AS SOURCE OF LAW. OBITUR DICTUM AND RATION DECIDENDI. SUBJECT – JURISPRUDENCE TEACHER- DR M.S.KHAIRNAR SIR
  2. 2. PRECEDENT AS SOURCE OF LAW- PRECEDENT- • Precedent is the reasoning behind a judge’s decision that establishes a principle or rule of law that must be followed by other courts lower in the same court hierarchy when deciding future cases that are similar. • As Defined in Black’s Law Dictionary, "precedent" is a "rule of law established for the first time by a court for a particular type of case and thereafter referred to in deciding similar cases( Black’s Law Dictionary P 1059 5th edition 1979
  3. 3. • KINDS OF PRECEDENT • Binding Precedent: • A binding precedent is a legal principle established in a higher court that must be followed by lower courts in the same hierarchy when deciding similar or ‘like’ cases. • eg in Maharashtra a judge of the high Court must follow the decisions of judges in the Supreme Court. • IF OR a precedent to be binding on a particular case, the precedent must be: • From the same hierarchy of courts • From a superior court-one that is higher in the hierarchy • The decisions of the Supreme Court (the highest court in INDIA) are binding on all other Indian courts. However, the Supreme Court is not bound by its own previous decisions.
  4. 4. • Persuasive Precedent Are not binding on courts. They are seen more as ‘convincing’ argument, but one that does not have to be followed because it is not binding. Precedents considered to be persuasive but not binding. • The decision of a court in another hierarchy-such as another state or country. • Ratio decidendi of courts at the same level; for example, highCourt judge would not be bound by a decision of another highCourt judge • Ratio decidiendi of inferior (lower) courts in the same hierarchy; for example a high Court judge would not be bound the decision of a judge in a previous case • •Obiter dicta statements of a court in the same hierarchy or in another hierarchy. • Although not binding, persuasive precedents may be seen as a point of reference. They give an indication of how other judges think the law should be. • E.g. Donoghue v Stevenson (1932) • The British case Donoghue v Stevenson was used as persuasive precedent for the Indian cases, which established the law of negligence in India.
  5. 5. • Ratio Decidendi • Ratio decidendi is a legal rule derived from, and consistent with, those parts of legal reasoning within a judgment on which the outcome of the case depends. It refers to the legal, moral, political and social principles on which a court's decision rests. It is the rationale for reaching the decision of a case.
  6. 6. • Obiter Dictum • Obiter dicta are additional observations, remarks, and opinions on other issues made by the judge. These often explain the court’s rationale in coming to its decision and, while they may offer guidance in similar matters in the future, they are not binding. In reading a court’s decision, obiter dicta may be recognized by such words as “introduced by way of analogy,” or “by way of illustration.”
  7. 7. THANK YOU

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