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Question

Which of the following has the binding effect as a precedent under Law ?

The correct answer is
Ratio Decidendi

Understanding Binding Precedent in Law

The question asks to identify which element of a court ruling functions as a binding precedent under the law. A binding precedent is a legal rule or principle that must be followed by lower courts in future cases with similar facts.

Key Legal Concepts

In common law systems, judicial decisions establish precedents. The main components of a judgment are:

  • Ratio Decidendi: This translates to "the reason for the decision." It is the legal principle or the core reasoning upon which the court's final judgment is based. The Ratio Decidendi is binding on lower courts.
  • Obiter Dictum: This translates to "said by the way." These are remarks or observations made by the judge that are incidental to the main decision and not essential for the final outcome. While Obiter Dictum can be persuasive, it is not legally binding on subsequent courts.
  • Locus Classicus: This term refers to a definitive or classic work or case that is highly regarded or authoritative on a specific legal subject. It signifies importance but doesn't inherently mean it's a binding precedent itself.

Determining the Binding Effect

The Ratio Decidendi is the crucial part of a judgment that creates a binding precedent. Lower courts are obligated to follow the legal principles established in the Ratio Decidendi of higher courts within the same jurisdiction when faced with similar legal issues.

Therefore, Ratio Decidendi has the binding effect as a precedent under Law.

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Important Questions from Mixed Topic (CUET PG)

  1. Who was the founder of Bolshevik Communist party?
  2. What is the key guide to statecraft in the realist tradition?
  3. Chronologically arrange the events in the Cold War period.
    A. Berlin Wall is constructed
    B. Communist China joins the UN
    C. Soviet invasion of Czechoslovakia
    D. Berlin Blockade
    Choose the correct answer from the options given below:
  4. Morgenthau's principles of political realism are:
    A. Politics is rooted in permanent and unchanging human nature which is basically self centred, self-regarding and self-interested
    B. Politics is an autonomous sphere of action and cannot therefore be reduced to morals
    C. International Politics is an arena of conflicting self-interests
    D. The ethics of international relations is situational ethics which is very different from private morality
    Choose the correct answer from the options given below:

  5. Who among the following political thinkers consider the anarchical self help system to be a compelling factor for States to maximise their relative power positions?

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