What Is Doctrine Of Precedent Upsc?

What is a precedent doctrine?

Jump to essay-14 Stare decisis refers to the doctrine of precedent, under which a court must follow earlier judicial decisions when the same points arise again in litigation.

What is another name for the doctrine of precedent?

The doctrine of precedent determines the relative weight to be accorded to the different cases. Also called stare decisis: ‘to stand on what has been decided’. AND to cases interpreting statutes. Each court is bound by decisions of courts higher in the same hierarchy.

What are the 3 types of precedents?

Binding precedent. Non-binding / Persuasive precedent. Custom. Case law.

What is the applicability of doctrine of precedent in India?

The doctrine of precedent is expressly incorporated in India by Article 141 of the Constitution of India, 1950. Article 141 provides that the decisions of the Supreme Court are binding on all courts within the territory of India.

Where is the doctrine of precedent?

It is a principle that requires judges to follow the rulings and determinations of judges in higher courts, where a case involves similar facts and issues. The doctrine of precedent evolved in medieval England, at a time when law was being formed and judges wanted greater consistency and standardisation.

How do you use doctrine of precedent?

Law reports and the doctrine of precedent According to the doctrine of precedent a court is bound by the decisions of a court above it and, usually, by a court of equivalent standing. Superior courts have the power to overrule decisions of lower courts and in certain cases to overrule their own decisions.

When did the doctrine of precedent start?

The rules of precedent for the Court of Appeal were laid down in the 1940s in Young v. Bristol Aeroplane Co.

What are the advantages of the doctrine of precedent?

According to these facts, the doctrine of precedent primarily assists courts when making decisions. This certifies that certainty and consistency is being provided within the judicial system. Greater fairness also exists as cases with similar facts will be treated the same which prevents any injustice from occurring.

What is the main advantage of the doctrine precedent?

The main advantage of using precedent is that it provides certainty in the law. As cases with sufficiently similar material facts are bound by past decisions, it provides an idea of how the case will be decided. Another advantage is that it provides consistent decisions within the law, which also ensures fairness.

What are precedent examples?

An example of original precedent is Donogue v Stevenson [1] , where the plaintiff sued the defendant after a friend of the plaintiff bought her a drink from the defendant. The drink contained decomposed snail and plaintiff became ill after dinking it.