UploadLanguage (EN)Support
BusinessMobileSocial MediaMarketingTechnologyArt & PhotosCareerDesignEducationPresentations & Public SpeakingGovernment & NonprofitHealthcareInternetLawLeadership & ManagementAutomotiveEngineeringSoftwareRecruiting & HRRetailSalesServicesScienceSmall Business & EntrepreneurshipFoodEnvironmentEconomy & FinanceData & AnalyticsInvestor RelationsSportsSpiritualNews & PoliticsTravelSelf ImprovementReal EstateEntertainment & HumorHealth & MedicineDevices & HardwareLifestyle
Upload
Sign in
shreyas kaaparthi , profile picture
Uploaded byshreyas kaaparthi
PPTX, PDF1,552 views

Precedents

Precedents are principles or rules established in previous landmark legal cases that courts use to decide similar future cases based on the doctrine of stare decisis. Precedents are important to maintain stability, predictability, and integrity in the legal system. There are three types of precedents - binding precedent that compels lower courts, original precedent that establishes new rules, and persuasive precedent from courts of equivalent jurisdiction but different regions. Precedents promote uniformity, check judicial whims, and help interpret statutes, but they can also add complexities, uncertainty, and restrict new ideas from emerging.

Law◦
Download to read offline
1 / 6
2 / 6
3 / 6
4 / 6
5 / 6
6 / 6
A Source of Law Precedents By Shreyas Kaaparthi
Meaning of Precedents • Can be termed as a principle or law laid down in Landmark legal cases or • A rule or a principle used by the court while deciding other cases • Based on a Latin Doctrine “Stare Decisis” – which obligates the Lower Courts to follow historical cases passed by the Apex Courts while passing decision in similar cases.
Why are Precedents Important  In order to maintain stability.  In order to maintain Predictability and  Maintain Integrity
Types of Precedents Binding Precedent :- a precedent which compels the lower courts to consider the observations made in similar cases by the Higher Courts. 01 Original or Declaratory :- are the one which establishes new rules 02 Persuasive Precedent:- a precedent passed by a lower courts or a higher court having equivalent jurisdiction but located in a different geographical region. 03
Advantages of Precedent It promotes stability and uniformity The individual whims and fancies of a judge are brought under check It is based on the principle like cases should be decided a like. It helps in interpretation of statutes It saves time for future rulings It helps to prevent mistakes occurring
Disadvantages of Precedents It adds multiple layer complexities It would create uncertainty that can never be resolved until next ruling is passed and the people may not agree with the same Precedents can introduce unnecessary restriction into the legal system It is based on old thoughts and does pave way to new ideologies