Software For Legal Judgement
These are decisions of courts regarding the rights and liabilities of a person, company o, or state. These decisions are taken by a court based on law already established by the legislature or by principles of equity and justice. Judgment 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 judgment is its Ratio Decidendi. It is the basis on which the court passes a judgment 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 an audit, the contract is rendered void. This is the Ratio Decidendi that when the contract is based 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 things said otherwise in a judgment are accompanied by the Ratio Decidendi in a judgment may be based on hypothetical situations or just a wayward extension to the judgment are of less importance and only have a persuasive value in the subordinate and competent courts.
Determining whether a part of judgments is 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. However, advocate needs to be careful in deciding which part of the Judgement to use. To determine, one way could be Thmbaugh’s Inversion Test.
The so-called Wambaugh’s Inversion Test provides that to determine whether a judicial statement is correct 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:
Judgments or precedents hold value for all students, Interns, Lawyers, Advocates, Judges,nd even the corporate. Few fewoints 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 judgments are of immense importance as they establish precedents or Court laws. These laws are equally important to be known and followed to ensure you do not breach the lines of justice.
- Creates an impression of good research
When putting out your arguments in front of the judge/magistrate, an argument supported with good, strong case laws always creates a positive impression on the judge. They feel that the councils really serious about his argument and since so many case laws do support his argument, there is some weight in software for legal judgment in 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 judgments 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 judgments passed by the Courts. If there was no such concept, all courts would pass decisions at their own discretion and there would be no supervising factor on them. So, to establish uniformity, precedents should be known and followed by software for legal judgment
May also be interested in Reading: Features of CLM Software
At volody.com, we allow you to navigate through our software and search for various judgments and cases by authorities like the Supreme Court and the High Court. You can avail of this feature by buying our software for legal judgment)at the following link: https://volody.com/