Question

Find the odd one out:

• A. According to Blackstone, it is an established rule to abide by the former precedents where the same points come again in litigation
• B. Ratio decidendi really is that principle of law on which a judicial decision is based
• C. Persuasive precedents are those precedents which the judges are under an obligation to follow but which they may take into consideration
• D. A conditionally authoritative precedent is one which though ordinarily binding on the court to which it is cited, is liable to be disregarded in certain circumstances

Answer 1

Answer: (C)

Persuasive precedents are those precedents which the judges are under an obligation to follow but which they may take into consideration

Answer 2

- Option c) is the odd one out as it incorrectly defines persuasive precedents. Persuasive precedents are those that judges may consider but are not strictly bound to follow,
unlike authoritative precedents.
- Option a) is a correct interpretation of stare decisis, the doctrine of following precedents.
- Option b) correctly defines ratio decidendi as the principle of law on which a judicial decision is based.
- Option d) explains conditionally authoritative precedents, which are generally binding but can be disregarded under certain conditions.