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1. JUDICIAL
PRECEDENT

2. PRESENTED BY;
ROHAN KUMAR
GREG GALSTAUN
ISHAN UPADHYAY
JAGNNATH PRASAD
FAIZ EHSAN
&
PANKAJ KUMAR
COURSE : BA LLB

3. INTRODUCTION
• A LOT OF OUR LAWS HAVE BEEN DEVELOPED OVER TIME
BY COURTS.
• OUR LAW IS DEVELOPED BY JUDGES, USING A SYSTEM OF
JUDICIAL PRECEDENT. WHAT DOES THIS MEAN?
OXFORD ENGLISH DICTIONARY:
AN EARLIER EVENT OR ACTION THAT IS REGARDED AS AN EXAMPLE OR GUIDE TO BE
CONSIDERED IN SUBSEQUENT SIMILAR CIRCUMSTANCES.
LEGAL CONTEXT:
JUDICIAL PRECEDENT REFERS TO THE SOURCE OF LAW WHERE PAST DECISIONS OF
THE JUDGES CREATE LAW FOR FUTURE JUDGES TO FOLLOW.

4. OBJECTIVES
• EXPLAIN THE ELEMENTS OF PRECEDENT AND
THE TYPES OF PRECEDENT.
• OUTLINE THE COURT HIERARCHY.
• DISCUSS THE ADVANTAGES AND DISADVANTAGE
OF PRECEDENT.
• DISCUSS SOME OF THE LANDMARK
JUDGEMENTS.

5. JUDICIAL PRECEDENT
THE BASIS OF THE SYSTEM OF PRECEDENT IS
THE PRINCIPLE OF:
STARE DECISIS
(STAND BY WHAT HAS BEEN DECIDED)
LIKE CASES ARE
DECIDED ALIKE
HIGHER COURTS BIND
LOWER COURTS
DECISIONS OF HIGHER COURTS ARE
BINDING ON LOWER COURTS
A LATER COURT MUST USE THE
SAME REASONING AS A
PREVIOUS CASE WHERE THE
TWO CASES RAISE THE SAME
LEGAL ISSUES

6. LIKE CASES ARE DECIDED ALIKE
THE JUDGEMENT
JUDGEMENT
OBITER
DICTA
OTHER THINGS SAID
RATIO DECIDENDI
BINDING
PRECEDENT
PERSUASIVE
PRECEDENT
REASONS FOR DECIDING

7. HIGHER COURTS BIND LOWER
COURTS
THE COURT HIERARCHY

8. ORIGINAL PRECEDENT
ORIGINAL PRECEDENT MEANS A PRECEDENT THAT CREATES AND
APPLIES A NEW LEGAL RULE. AN ORIGINAL PRECEDENT IS MADE
WHEN THERE IS NO PREVIOUS JUDICIAL DECISION ON A POINT OF
LAW.
WHEN THE COURT HAS TO FORM AN ORIGINAL PRECEDENT, A
JUDGE WILL COME TO THEIR DECISION BY ANALOGY.

9. PERSUASIVE PRECEDENT
PERSUASIVE PRECEDENT MEANS PRECEDENT WHICH A
JUDGE IS NOT OBLIGED TO FOLLOW, BUT IS OF
IMPORTANCE IN REACHING A JUDGMENT, AS OPPOSED
TO A BINDING PRECEDENT.
PERSUASIVE PRECEDENTS ASSIST THE DECISION
MAKER IN DETERMINING A CASE.

10. ORIGINAL PRECEDENT:
CERTAINTY
PERSUASIVE PRECEDENT:
FLEXIBILTIY
BINDING PRECEDENT:
*HIGHER COURTS BIND
LOWER COURTS
*LIKE CASES DECIDED ALIKE
FOLLOW
• AVOIDANCE TECHNIQUES
OVERRULE;
REVERSE;
DISTINGUISH
• COURT OF APPEAL – EXCEPTIONS
CERTAINTY V FLEXIBILITY

11. ADVANTAGES OF
PRECEDENT
CERTAINTY IN LAW
BRINGS UNIFORMITY TO LAW
PROVIDES FLEXIBILITY
ACTS AS USEFUL GUIDELINE

12. DISADVANTAGES OF
PRECEDENT
 COMPLEXITY AND VOLUME
 UNCERTAIN
 RIGID
 RETROSPECTIVE EFFECT

13. LANDMARK JUDGEMENTS
 VISHAKA V STATE OF RAJASTHAN - 1997
 MC MEHTA V UNION OF INDIA – 1986
 SR BOMMAI V UNION OF INDIA - 1994