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Questions and Answers
What does the term precedent mean?
What does the term precedent mean?
The doctrine of precedent is also known as stare decisis.
The doctrine of precedent is also known as stare decisis.
True
What is the significance of the doctrine of precedent?
What is the significance of the doctrine of precedent?
It secures certainty, predictability, and uniformity in the applications of law.
What are the two types of judicial decisions in precedent?
What are the two types of judicial decisions in precedent?
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According to which jurist is a judicial precedent one to which authority has been attached?
According to which jurist is a judicial precedent one to which authority has been attached?
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What is an authoritative precedent?
What is an authoritative precedent?
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Match the types of precedents with their definitions:
Match the types of precedents with their definitions:
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What distinguishes a persuasive precedent from an authoritative precedent?
What distinguishes a persuasive precedent from an authoritative precedent?
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Study Notes
Precedent as a Source of Law
- Precedent refers to a court's judgment used as authority for legal principles.
- The doctrine of stare decisis requires that similar cases are decided in a consistent manner.
- This doctrine enhances efficiency, certainty, predictability, and uniformity in law application.
Definition of Precedent
- Precedent serves as an example or rule for resolving similar subsequent cases.
- Gray defines precedent as encompassing all actions that serve as rules for future practice.
- Keeton describes judicial precedent as a judicial decision that carries some authority.
- Salmond mentions it broadly includes reported case law that can be cited, distinguishing between loose and strict senses.
Classification of Precedent
By Nature of Rule Laid Down
- Original precedents establish new laws, while declaratory precedents apply existing legal principles to specific cases.
- Original precedents are fewer but significantly important for the development of law.
- Declaratory precedents merely declare already established rules, supporting the theory that judges discover rather than create law.
By Influence
- Authoritative precedents are binding on judges regardless of their preference (e.g., Supreme Court decisions bind lower courts).
- Persuasive precedents are not obligatory; judges may choose to follow them if convinced of their merit (e.g., Delhi High Court decisions on Madras High Court).
- Both types can influentially affect judicial decisions, though authoritative precedents are recognized as legal sources of law, and persuasive precedents are historical.
Nature of Authority
- Absolute Precedents: Judges must follow these precedents even if they disagree, ensuring strict adherence to established authorities.
- Conditional Precedents: Judges have discretion to follow or reject these, depending on their evaluation of the merits.
Important Concepts
- Stare decisis ensures consistency in legal outcomes and encourages stability within the legal system.
- Distinction between original and declaratory precedents underlines the debate on whether judges can create law or only apply existing principles.
- The classification into authoritative and persuasive precedents aids in understanding the weight of different judicial decisions in legal reasoning.
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Description
This quiz explores the doctrine of precedent, also known as stare decisis, in the legal system. It covers how past court judgments influence the decisions in future cases, emphasizing the principle that similar cases should be treated alike. Understand the significance and implications of relying on precedent in legal proceedings.
