The question (8 marks)
Distinguish ratio decidendi from obiter dictum. Explain the doctrine of precedent in India with reference to Article 141 of the Constitution. (8 marks)
Original question written for this pack on the pattern of the University of Mumbai LL.B. papers.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 1 · Legal Concepts, Part 1 of Legal Language including Legal Writing and General English.
Authorities you will need
- Krishena Kumar v Union of India
- State of Orissa v Sudhansu Sekhar Misra
- Director of Settlements, A.P. v M.R. Apparao
- Bengal Immunity Co Ltd v State of Bihar
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.