The Reason you Should Study Landmark Cases
A landmark case refers to that court case studied since it contains a historical or legal assistance. 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.
Its vital to get an understanding of the judicial branch through the application of landmark cases. 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. This is what makes you understand the impact that certain cases might have on the judicial system and ion the rights of the individuals.
So that they can use the cases as perdition on what gets to happen in the current case, the law students are normally required to study and get an understanding of different landmark cases.
You will find out that the landmark cases can have a direct effect on the law through this. The function of the court system is to interpret the law simply not making the laws. Previous cases become part of the law and since they are binding. They however, have to be a higher court in the land.
The landmark cases help the courts to remain consistent. They help in remaining consistent in the decision of similar cases. There is a phrase that is normally used to bring out the meaning of this aspect and it is, let the decision stand. There is a culture where the lower courts get to follow the previous decisions that have been decided by the lesser courts. Among the countries following the rule is India. For the trial courts decisions, the court system is required to use the previous decisions in the outcomes. It is said that they follow a precedent.
There are many top landmark studied by Indian students and we have an example here. An examples to this refers to the court case between the Eachara Varier and Secretary to the Ministry of Home. The case involves Rajan who happen to be in the fifth year of study at Rego College. Through the case you get to see detention of the boy being made. Without informing the family, the boy is killed and disposed of. The father later brings forth the case of petition about the whereabouts of his son.
Three issues are raised on whether the son was in the custody, whether he was there and whether a grant relief would be released.