Hello All,
I am computer engineer working on a software which will be useful for legal domain.
Please enlighten me on below mentioned question :--
Note :-- I am using Supreme court of India judgment freely available at https://www.commonlii.org/in/cases/INSC/. Please answer according to nature of these judgments .
Q1 :- In commmon law system, a lawyer needs to cite older judgment for stregthening his argument. So, how does he find judgment which is dimilar to that task at hand ?
Is "Act" one of the key feature based on which one can say that two judgments are similar ?
Q2 :- Is there any other criteria based on which we can say thatjudgments are similar ?
Q3 :- Can a judgment exist wthout any Act ?
My view :-- I think it's impossible. Because, a dispute occurs only when an Act is violated, So there has to a be an act based on which the judgment is delivered.
Is it right ?
Q4 :- Can a judgment exist without any previous judgment citation in common law system ?
Q5 :- Can we say that the quality of the citations ( references to the previously delivered judgments) are very high because the citations go through the scrutiny of the opposing lawyer and the judge himslef. So, is it accpetable to say that the scrutiny makes citations very significant ?
Your view ?
Thanks in advance.
~Sushanta
