What is a Precedent - 

   Precedent is a legal principle or rule established in a previous legal case that is considered as an authority or guide in deciding subsequent cases involving similar issues or facts. 

    In simple words, precedent is the principle of using past court decisions as examples or guides for deciding similar cases that come before a court. Precedent is an important part of the legal system because it helps to ensure consistency and predictability in the law, and it allows courts to build upon previous decisions to continually develop and refine the law.

Types of Precedents

Original Precedent: The precedents which create law.

Declaratory Precedent: Applying the known and established rules of law to the particular facts of the cases arising for decision.

Authoritative Precedent: Judges must follow the precedent whether they approve of it or not. They are classified as Legal Sources.

Persuasive Precedent: Judges are under no obligation to follow but which they will take precedence into consideration and to which they will attach such weight as it seems proper to them. They are classified as Historical Sources. 

See Also...

The Doctrine of Self-Preservation 

Doctrine of Necessity : Section 81 of the Indian Penal Code


Post a Comment

See Also..