All Exams Test series for 1 year @ ₹349 only
Question

Read the following and select the right code : 

Statement – I : A custom to be valid should be proved to be immemorial but may not be ancient. 

Statement – II : The principle of judicial decision which is only authoritative is known as ‘ratio decidendi’.

The correct answer is
Statement – II is true but Statement – I is false.

Statement I Analysis: Custom Validity

A custom, to be legally valid, must fulfill several conditions. These typically include being practiced from 'time immemorial' (which implies it must be ancient), certain, reasonable, and continuous. The statement claims a custom should be 'immemorial' but 'may not be ancient'. This is contradictory, as 'immemorial' inherently means ancient, existing since before legal memory. Therefore, Statement I is false because ancientness (immemorial nature) is a necessary condition for a valid custom.

Statement II Analysis: Ratio Decidendi

Judicial decisions create precedents that guide future cases. The binding part of a judicial decision, which lower courts must follow, is known as the ratio decidendi. This represents the legal principle or rule directly applied by the court to the facts of the case. Other parts of the judgment, like obiter dicta (things said by the way), are persuasive but not strictly authoritative. Thus, Statement II correctly identifies the ratio decidendi as the authoritative principle in a judicial decision.

Was this answer helpful?

Important Questions from Jurisprudence

  1. Which of the following is not a theory of legal personality?
  2. Match the LIST-I with LIST-II
    LIST-I ProfounderLIST-II Idea
    A. MimansaI. Law and Morals are same
    B. SmritiII. "Idea of Values" is the foundation
    C. Post Reformation EuropeIII. Law derives authority from State and not morals
    D. KorknovIV. There is distinction between obligatory and recommendatory rules

    Choose the correct answer from the options given below:
  3. Which of the following are correct about "legal theory"?
    A. It defines Law
    B. It analyses legal concepts
    C. It deals with mere theory and has no practical importance
    D. It highlights salient features of legal system
    Choose the correct answer from the options given below.
  4. "True subject matter of ownership in all cases is a right". Who gave this statement?
  5. Arrange the following in the historical order of development of Natural Law theories (ascending)
    A. Union with Divine is end of law
    B. Church is the law giver
    C. Development of idea of Rationalism
    D. Revival of Natural Law
    Choose the correct answer from the options given below:
Need Expert Advice?

Start Your Preparation with Prepp Mobile App

Download the app from Google Play & App Store
Download the app from Google Play & App Store
Prepp Mobile App