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Identification of decided cases –their analysis and application.

These past decisions are called “case law”, or precedent. Stare decisis—a Latin phrase meaning “let the decision stand”—is the principle by which judges are bound to such past decisions.

How is statutory analysis different from case law?

Statutory analysis begins with a rule, the statute itself. It also may examine other sources, such as case law, that interpret the meaning and application of a statute. In contrast, case-law analysis first requires practitioners to identify a rule.

What is the relationship between case law and common law?

In the common law, the rules of today are to a high degree derived from preceding decisions of courts in similar past cases. If a judge, or any other person, wants to deter- mine the answer to a legal question, he reviews past judicial decisions and analogizes them to the facts of the current case.

What is the main difference between case law and statutory law?

Case law is law that is based on judicial decisions rather than law based on constitutions, statutes, or regulations. Case law concerns unique disputes resolved by courts using the concrete facts of a case. By contrast, statutes and regulations are written abstractly.

What is the difference between statutory law and constitutional law?Statutory Law?

While the Constitution applies to government action, statutes apply to and regulate individual or private action. A statute is a written (and published) law that can be enacted in one of two ways.

Identification of case law or decided cases 

  1. By statute approach ;generally cases are filed challenging the applicability of the section , rule,para of schedule etc. of statute or enactment. 
  2. By topic approach ;case law can be identified on the basis of subject matter based on topic .The case law can be headed as cases of hindu law , labour law, patent law,banking law ,etc .
  3. By case method approach ;if any case has been cited in any other case, the original case be studied in detail to find out the relevancy of it to the present case. This type of study has two objects ;

!) to know if there are any later rulings on the subjects 

2) to know the standing statutes of the case selected and sought to be used.  

Examples ;

  1. Ak gopalan vs state of madras{AIR 1950 SC 27} 
  2. Joginder kumar vs state of up {1994 (2)no 7 ,662}

Analysis of case law ;

Principles of analysis ;the analysis should contain 

1 the information relating to the plaintiff and respondent. 

2. The facts which are case which are raised by the plaintiff 

3 the points of judgment given by the court. 

The analysis should be brief and contain all relevant information regarding the case.  

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