What is declaratory and original precedents?

1. Declaratory and Original Precedents. As John William Salmon explained, a declaratory precedent is one where there is only application of an already existing rule in a legal matter. Whereas, an original precedent is one where a new law is created and applied in a legal matter.

What is an authoritative precedent?

Authoritative Precedents are the legal sources of law. Authoritative Precedents establish law in pursuance of definite rule of law which confers upon them that effect. The authoritative Precedents must be followed by the Judges whether they approve of them or not.

What is the difference between binding precedent and non binding precedent?

An opinion is considered a binding or controlling precedent if it has been written by a court in a higher position within the pyramid structure. Therefore, the judge or judges may view the opinion as having no precedent over the case and are non-binding but provides consideration and guidance for the current case.

What is declaratory precedent?

Declaratory and Original Precedents. As John William Salmon explained, a declaratory precedent is one where. there is only application of an already existing rule in a legal matter. Whereas, an original precedent is one where a new law is created and applied. in a legal matter.

What is declaratory law?

law. a. (of a statute) stating the existing law on a particular subject; explanatory. b. (of a decree or judgment) stating the rights of the parties without specifying the action to be taken.

Is precedent always binding?

In Civil law and pluralist systems precedent is not binding but case law is taken into account by the courts. Binding precedent relies on the legal principle of stare decisis. Stare decisis means to stand by things decided. It ensures certainty and consistency in the application of law.

What is meant by binding and persuasive precedent?

Precedent that a court must abide by in its adjudication of a case. For example, a lower court is bound by the decision of a higher court in the same jurisdiction, even if the lower court judge disagrees with the reasoning or outcome of that decision. Persuasive precedent. dicta in a decision by a higher court.

What is the difference between authority precedent and persuasive precedent?

An authorities precedent has a legal claim, recognition, influence and binding force on the inferior courts. Authoritative precedents are legal sources of law. Meaning: persuasive precedent is one which the judges are under no obligation to follow.

What is the difference between declaratory precedent and original precedent?

A declaratory precedent involves declaring an existing law and putting it into practice and it doesn’t help in creating new law. In Original precedents, it arises when the court has never taken a decision in a case and it has to use its own discretion in order to come to conclusion and it results in the creation of new laws.

Can the court disregard an authoritative precedent?

In the case of authoritative Precedents having a Conditional authority, the Court can disregard them under certain circumstances. Ordinarily they are binding but under special circumstances, they can be disregarded.

What are the two kinds of authoritative precedents?

Authoritative Precedents are of two kinds, Absolute and Conditional.