Learning About Landmark Cases
There are various cases in the court that are often used by others due to their legal and historical assistance and they are the ones known as landmark cases. You will get the significance of the matter at the moment you have a lasting effect that gets to come in when you have an application that gets to concern the law. The laws will definitely apply when you have an individual right that has been affected or the liberties.
With a landmark case you get an understanding of the entire judicial branch, therefore, understanding them is very important. When you have the landmark cases you are able to understand what is needed of you having a court system. Through this way you are able to understand the different court cases and the effect they have on the daily affairs. Though this way you can get to have an understanding of the implication that certain cases will bring to human rights.
Many law students are as well required to study the landmark cases and this is because they are used as perdition on what gets to happen in the current case.
This is actually the point you get to understand the direct effect that the court legal systems and decisions can have on the law. You will have to understand that the work of the judiciary, on the other hand, is never to make the always but they are trained to implement them. In this case you can, therefore, get a conclusion that the previous court cases are binding and get to become a part of the law. They, however, have to be part of a higher court.
The courts can now become a bit more consistent through the landmark cases. The ensure that when the cases are the same even the outcome of the case is the same. Let the decision stand, is the phrase identifying this aspect. Courts that have lesse powers have to follow the decision on similar cases that were made by the higher courts. Among the countries following the rule is India. The lower courts, in this case, have to follow the direction that has been laid earlier in trial courts. It is said that they follow a precedent.
We have an example here of a landmark case studied by the students in India. A case between Eachara Varier and Secretary to the Ministry of Home is a good example that you can flow with. A Rajan a student in college is involved in this case. Under the direction of the deputy general of the police at that time he is arrested and detained. The boy is later realized to be dead and is disposed of as the boy’s parents are not aware. With time the parents of the boy get to the court to seek a petition on the case.
The issues raised here are whether the son was actually taken into custody, whether the son was still in the custody of police whether a relief grant will be granted.
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