Rough Draft Of Jurisprudence-ii Topic-judicial Precedent: A Comparative Analysis Submitted To: Manoranjan Sir Submitted By: Ankit Anand Roll:917 6 Semester

ROUGH DRAFT OF JURISPRUDENCE-II TOPIC- Judicial Precedent : a comparative analysis Submitted to: Manoranjan Sir Submitted by: Ankit Anand Roll :917 6th semester INTRODUCTION A precedent in common law language means a previously decided case which establishes a rule or principle that may be utilized by a court or a judicial body in deciding cases that are similar in facts or issues. There are two types of law statue law and common law-the first category refers to the law passed by the parliament, it is written and must be adhered to. The second type is the common law where judges decide cases by looking at previous decisions that are sufficiently similar and utilize the principle followed in that case. Judicial precedent is the source of law where past decisions create law for judges to refer back to for guidance in future cases. Precedent is based upon the principle of ‘stare decisis', meaning to “stand by decided matters”. A binding precedent is where previous decisions must be followed. This can sometimes lead to unjust decisions. A binding precedent is created when the facts of a latter case are sufficiently similar to the facts of a previous case. The doctrine of precedent is often referred to as being a rigid doctrine. Within the court hierarchy, every court is bound to previous decisions made by courts higher than them. As in case of India, any decision made by the Supreme court of India will be binding on all the high courts and the district courts. And as in the case of English legal system, at the very top of the court hierarchy is the European Court of Justice, followed by the House of Lords, which is considered to be the supreme court as many laws do not concern European Union law. Decisions made by the House of Lords become binding on all other courts within the hierarchy. Below the House of Lords is the Court of Appeal, which has two divisions, Civil division and Criminal division. Both divisions are bound to decisions made by the House of Lords and the European Court of Justice. Additionally, they are bound to their own decisions. The Divisional Courts along with the High Court are also bound to decisions made by the House of Lords and the European Court of Justice, with the addition to the Court of Appeal, and the Divisional Courts in the case of the High Court.

There are different types of precedent within the law. The first is ‘original precedent’ which refers to a case having a point of law which has never been decided before, then the decision of the judge in such a case forms an original precedent. The second one is the binding precedent. As the name suggests binding precedent is one which judges must follow whether they approve it or not. It is also known as mandatory precedent or binding authority. As per the doctrine of stare decisis, a court lower in the hierarchy follows and honours the findings of law made by a court higher in the hierarchy. The decisions of lower courts are not binding on courts higher in the system. Overall, the doctrine of judicial precedent brings equally both advantages and disadvantages to the Legal System. Which will be discussed later in the project.

AIMS AND OBJECTIVE The aim and objective of the researcher is to know about the judicial precedent in detail. And what are its advantage and disadvantage and why should we follow judicial precedent in deciding cases.

RESEARCH METHODOLOGY The researcher has adopted the doctrinal method of research for the project.

SOURCE OF DATA The following sources of data have been used in the project are: 1 .Books 2. Websites 3. Articles

HYPOTHESIS The researcher hypotheses that the use of judicial precedent method in deciding cases is always advantageous.

CHAPTERISATION 1. Introduction 2. What is judicial precedent 3. Its advantage and disadvantage 4. conclusion