what are the disadvantage of judiciary
Answers
Judicial precedent is a ruling or legal case law which establishes a rule or principle that courts and other bodies of the justice system can apply when deciding a similar or subsequent case. It is not a mandatory system which a judge, jury, or panel of judges must use to determine the outcome of a case. According to the doctrine of stare decisis, lower courts must honor the findings of laws made by a higher court within the course of appeals when there are similarities in place for the matter at hand.When giving judgement in a case, the judge sets out the facts, states the applicable laws to them, and then provides their decision on the matter. With regards to judicial precedent, it is only the ratio decidendi, which is the legal reasoning or the grounds for the decision that was made, that is binding to the courts later on for similar cases.
Any observations made by the judge on a legal question suggested on the base before them that does not arise to require a decision does not always qualify as a precedent because it is obiter dictum, or a “saying” on the matter. It is a different outcome