Case Summary Union of India v. Raghubir Singh SCHOOL OF LAW CHRIST UNIVERSITY BANGALORE- 560028 2012-2013 NAME: VIVEK.K.R REGISTER NO: 1216044 CLASS: 1 BA LLB A Identification Name of the case: Union of India (UOI) and Anr. Vs. Raghubir Singh (Dead) by Lrs. Etc. Jurisdiction: Appeal From the Judgment and Order dated 06.12.1984 of the Delhi High Court in Regular First Appeal Nos. 113 and 114 of 1968. Level of the deciding Court: Supreme Court Date of decision: 16.05.1989 Equivalent
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higher courts are not binding on lower courts. ANSWER: F PAGES: Section 3 TYPE: + BUSPROG: Analytic AICPA: BB-Legal 8. Stare decisis is a doctrine obligating judges to help persons who have failed to protect their own rights. ANSWER: F PAGES: Section 3 TYPE: = BUSPROG: Analytic AICPA: BB-Legal 9. Courts are not obligated to follow precedents. ANSWER: F PAGES: Section 3 TYPE: N BUSPROG: Reflective AICPA: BB-Critical Thinking 10. In most legal controversies‚ there is one single correct
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laws for its cases with the doctrine of precendents where lower courts in the same hierarchy are bounded within the prescribed limits by prior decisions of superior courts if its cases are similar in nature. Superior court constructs statutes that are interpreted and compulsory to be applied in all lower courts according to doctrine of precedent. The constructions of Act are subjected to the scrutiny of the judicial review in the appellate court. Doctrine of precedent helps to achieve two objectives
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the role and relevence of Case Law in India. HYPOTHESIS: Case Law or Common Law is a reported decision given by a court of first instance i.e. Supreme Court or High Court in which there are new interpretations of law and can be cited as precedent in the process of Stare Decisis. Case Law is law developed through decisions of Appellate Courts rather than through legislative statutes or executive branch action. LITERATURE REVIEW: So far I have gone through these books :
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Brown v. Board of Education (1954) The landmark unanimous ruling in Brown v. Board of Education overturned the “separate but equal” precedent established in Plessy v. Ferguson. With a ruling of 8-1‚ the Plessy v. Ferguson Court purported that as long as the facilities that the two races occupied were equal in quality and accommodations‚ then it was constitutionally permissible for the facilities to be separate. The majority stated that: “The object of the [Fourteenth] amendment was
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* CHAPTER 1 LAW AND ITS SOURCES Introduction Man is by nature a social being. He comes into contact with other individuals in different capacities. These contacts or associations are the inevitable consequence of modern civilization. In all these associations‚ he is expected to observe a Code of Conduct or a set of rules. The object of these set of rules is to make human associations possible; and ensure that members of the society may live ; and work together in an orderly and peaceful manner
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Judicial Precedent What is it? Process by which judges follow the decisions of previous cases if material facts are sufficiently similar Operates through the doctrine stare decisis – to stand by what has previously been decided Why do we have it? Certainty/predictability – ensures justice is done Allows lawyers to predict outcome & advise clients People have full knowledge of the consequences How does it operate? In order for the doctrine to operate effectively it needs: 1. Effective
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Chapter 1 Introduction to Law and Legal Reasoning TRUE/FALSE QUESTIONS A1. The stability and predictability of the law is essential to business activities. ANSWER: T PAGE: NAT: AACSB Analytic B1. 2 TYPE: AICPA Critical Thinking = An important function of the law is to provide jurisprudence. ANSWER: F PAGE: NAT: AACSB Reflective Thinking 2 TYPE: AICPA N Critical A2. Law is a body of enforceable rules governing relationships among individuals and between individuals and their society. ANSWER: T
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everything‚ due to racial discrimination. Plessy v Ferguson began whenever a man named Homer Plessy was arrested for sitting in a “white only” car. After going to court multiple times with this case‚ the supreme court set the doctrine Plessy v Ferguson in place. The doctrine stated that it was constitutional to have separate facilities for both caucasians and African Americans as long as the facilities were “equal”. On June 7‚ 1892‚ Homer Plessy was arrested for refusing to give up his seat
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LAJ 102 MIDTERM REVIEW Law- a written body of general rules of conduct applicable to all members of a defined community‚ society‚ or culture‚ which emanate from a governing authority and which are enforced by its agents by the imposition of penalties for their violations. Culture- the totality of learned socially transmitted behaviors‚ ideas‚ values‚ customs‚ artifacts‚ and technology of groups of people living in a common society. It is the transmission of all sorts of information from generation
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