Court Judgement Research

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Software For Legal Judgement

Software For Legal Judgement

 are decisions of courts regarding rights and liabilities of a person, company or state. These decisions are taken by a court on the basis of law already established by the legislature or by principles of equity and justice. Judgement usually contains, one the order of the court and second, the reasoning for the passing of such an Order.

The reasoning of a Judgement is usually made of two parts:

  • Ratio Decidendi:

Ratio Decidendi is a Latin phrase meaning the ‘rationale for the decision’. The main question of law answered by the judgement is its Ratio Decidendi.  It is the basis on which the court passes a judgement. Since Ratio Decidendi is the main focus of a case, it is legally binding on subordinate or competent courts. For e.g. when a person commits a fraud, the contract is rendered void. This is the Ratio Decidendi that when the contract is bases on fraud, it is a void contract. Now the Court moves on to explain what all things constitute fraud, this is the obiter dicta or things said by the way by the Court.

  • Obiter Dicta:

Latin meaning of the phrase, Obiter Dicta is “by the way”. These are things said otherwise in a judgement. They are accompanied with the Ratio Decidendi in a judgement and maybe based on hypothetical situations or just a wayward extension to the judgement. They are of less importance and only have a persuasive value in the subordinate and competent courts.

Determining whether a part of judgement is its Ratio Decidendi or Obiter Dicta is quite essential. An advocate if figures out the Ratio Decidendi of a case, can use such a case to support his argument even if the facts are not similar. But an advocate needs to be careful in deciding which part of the Judgement to use. To determine, one way could be the Wambaugh’s Inversion Test.

The so-called Wambaugh’s Inversion Test provides that to determine whether a judicial statement is ratio or obiter, you should invert the argument, that is to say, ask whether the decision would have been different, had the statement been omitted. If so, the statement is crucial and is ratio; whereas if it is not crucial, it is obiter.

Importance Of Judgements:

Judgements or precedents hold value for all- Students, Interns, Lawyers, Advocates, Judges and even the corporate. Few points of their significance are:

  • Knowing the Law established by Courts

There’s one law established by the legislature in the form of Acts or Rules/ Regulations. Almost all persons can access these Acts and take cognizance of them. But, Judgements by Courts, being so bulky and huge in number, remain neglected. Some of these judgements are of immense importance as they establish precedents or Court laws. These laws are equally important to be known and followed so as to ensure you do not breach the lines of justice.

  • Creates an impression of good research

When putting out your arguments in front of judge/magistrate, an argument supported with good, strong case laws always create a positive impression on the judge. They feel that the counsel is really serious about his argument and since so many case laws do support his argument, there is some weight in software for legal judgement

  • Make your case stronger

An argument supported by many case laws creates a stronger case in itself. This is because the court is bound to follow those judgements if they are Ratio Decidendi and even the Obiter Dicta creates a good persuasive value on the Court. If it is Ratio Decidendi, the court if it is sub-ordinate has no option but to agree with the argument.

  • Establishing uniformity

The concept of stare decisis was established to ensure that there remains uniformity in the judgements passed by the Courts. If there was no such concept, all courts would pass decisions on their own discretion and there will be no supervising factor on them. So, to establish uniformity, precedents should be known and followed by software for legal judgement

You May also be interested in Reading: Features of ROC Software

 

At Consultlane.com, we offer you to navigate through our software and search for various judgements and cases by authorities like Supreme Court and High Court. You can avail this feature by buying our software for legal judgement (vLAW)at the following link:  http://panel.consultlane.com/

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