A landmark case refers to that court case studied since it contains a historical or legal assistance. These are cases applied the moment you have a lasting effect case that concerns the law. These laws concern individual rights that you have had the liberties.
It is often important to have an understanding of the landmark cases as they help you get an understanding of the judicial branch. The landmark cases gives you a brief summary of the working of the entire court system. There are daily affairs that occur in the court system that you understand through a landmark case. 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.
This is actually the point you get to understand the direct effect that the court legal systems and decisions can have on the law. The implementation of the law is where the judiciary come in and not on the making of the laws. Previous cases become part of the law and since they are binding. They, however, have to be part of a higher court.
The courts can now become a bit more consistent through the landmark cases. They help in remaining consistent in the decision of similar cases. The court will, therefore, use it as a phrase known as, let the decision stand. When it comes to the decision of the higher courts, the lower courts have to follow. There several countries that adhere to these, like India. The lower courts, in this case, have to follow the direction that has been laid earlier in trial courts. It is said that they follow a precedent.
We shall look into top landmark cases that students in India often study. An examples to this refers to the court case between the Eachara Varier and Secretary to the Ministry of Home. A Rajan a student in college is involved in this case. Under the direction of the deputy general of the police at that time he is arrested and detained. Without informing the family, the boy is killed and disposed of. It is later that the boy’s father takes the case to court.
The case had things to be considered, on whether the on was in their custody, whether they took him in the first place and the possibility of getting a petition grant on the case.