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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.

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Important Questions from Jurisprudence

  1. Which one of the following Jurists asserts that 'Law and morality are complementary and supplementary to each other'?
  2. Salmond enumerates five characteristics of legal rights. Four such characteristics are
    (a) Subject of right
    (b) Object of right
    (c) Content of right
    (d) Title of right
    The fifth characteristic is:
  3. Who among the following said that there is in essence, no difference between the legal personality of a company and that of an individual?
  4. Which of the following statements is NOT correct in regard to distinction between Civil and Criminal liability?
  5. Which of the following could be considered to be advantages of Legislation over Precedent?
    (a) Abrogative capability
    (b) Fore knowledge
    (c) Prospective application
    (d) Systematic arrangement

    Choose the correction option:
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