USA HISTORY

JACKSONIAN DEMOCRACY 1825 1850

DEMOCRACY IN AMERICA BY ALEXIS DE TOCQUEVILLE

Question [CLICK ON ANY CHOICE TO KNOW THE RIGHT ANSWER]
Judges look for a ____ or a past ruling, in deciding a case
A
precedent
B
colony
C
charter
D
None of the above
Explanation: 

Detailed explanation-1: -The judges look into previously decided cases in the same or superior courts before giving a final judgement, of a similar nature that have already been adjudicated upon before. They consider general rules and principles from the previous case and apply them on the cases before them. They then decide accordingly.

Detailed explanation-2: -Case law, also used interchangeably with common law, refers to the collection of precedents and authority set by previous judicial decisions on a particular issue or topic. In that sense, case law differs from one jurisdiction to another.

Detailed explanation-3: -Judicial precedent or decisions is a process which is followed by the judges to take the decision. In Judicial precedent, the decision is taken by following the similar cases happened in the past. So judicial decision is based on the principle of stare decisis i.e. “stand by the decision already made”.

Detailed explanation-4: -Stare decisis is a legal doctrine that obligates courts to follow historical cases when making a ruling on a similar case. Stare decisis requires that cases follow the precedents of other similar cases in similar jurisdictions.

Detailed explanation-5: -The Government of India Act, 1935 established a federal court and Privy Council whose decisions would be binding on all other courts in the country as per Section 212 of the Act. This laid the foundation for the doctrine of precedent in Indian law, which later grew in importance over time.

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