Transcript TECHNIQUES & TOOLS FOR ENHANCING TIMELY JUSTICE

JUDGMENT WRITING : EFFECTIVE
COMMUNICATION
________________
JUSTICE V.V.S.RAO
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PRIVILEGED PROCEEDINGS
1. Judicial proceedings are privileged;
2. Judicial function is not a cause of
action for defamation;
3. The conduct of a Judge cannot be
questioned by Executive;
4. Articles 121 and 211 of Constitution;
and
5. Judicial review of legislative or
administrative action is a privilege.
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DEFINITION OF JUDGMENT-I
1. Official and authentic decision of Court
of Justice upon rights and claims of
parties to an action litigated and
submitted to its determination and
reasons therefor.
2. Determination or sentence of the law
pronounced by a competent Judge or
Court as a result of a proceeding
instituted in such Court.
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DEFINITION OF JUDGMENT-II
 Code of Civil Procedure, 1908
 Section 2(9): The statement given by a Judge
on the grounds of a decree or order.
 Section 33: Court after the case has been
heard shall pronounce Judgment and on such
Judgment a decree shall follow.
 Order XX contains Rules for preparation of
Judgments
and
decrees
and
their
pronouncement
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DEFINITION OF JUDGMENT-III
 Criminal Law
 Code of Criminal Procedure Code does not define
the term ‘Judgment’.
 Section 235 CrPC mandates the Judge to give a
Judgment after hearing arguments.
 Chapter XXVII (Ss.353 to 365) contain the format,
method and manner of preparing and delivering a
Judgment.
 Section 19 IPC: Judge as to mean, ‘every person
who is empowered by law to give, in any legal
proceeding, civil or criminal, a definitive Judgment
or a Judgment which, if not appealed against,
would be definitive.
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ORDER XX RULE 4(2) CPC
Judgment shall contain
1. Concise statement of the case
2. Points for consideration
3. Decision on the points
4. Reasons for the decisions
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ORDER XLI RULE 31
Appellate Judgment shall state
(a) points for determination;
(b) decision thereon;
(c) reasons for the decision; &
(d) relief
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TIME SCHEDULE
 Order XX requires trial/appellate Judges to
pronounce Judgment within thirty days after
completion of arguments.
 Adhere to time schedule, before memory
starts fading, ensures grip over the subject
matter.
 The Judge who delivers Judgments without
delay is always kept in high esteem by the
litigants and lawyers.
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TRINITY OF GOOD JUDGMENT
1. BREVITY
2. SIMPLICITY
3. CLARITY
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BREVITY
 It means concise and exact use of
words in writing.
 Judgment should be brief while not
ignoring core issues as well as
collateral issues.
 Quality, however, cannot be sacrificed
for quantity.
 Repetition of same point, evidence and
pleadings makes reading tortuous.
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SIMPLICITY
A judgment is written mainly for the
parties to litigation.
Therefore, it
should be understandable by them.
Simplicity in use of language in
explaining legal principles makes an
opinion forceful.
A judgment becomes vague if it
contains long complex sentences and
round about approach to the problem.
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CLARITY
Clarity of a judgment can be achieved
by thorough reading of facts and law.
Division of judgment under different
headings helps.
Avoiding unnecessary quotations
from the pleadings and law enhances
clarity.
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‘CUT OUT CACKLE AND
COME TO POINT’
Judicial verbosity is impossible to
control.
Language
be
simple
and
understandable by ordinary person.
If length is inevitable, begin with
summary of one paragraph to give
thrust of decision.
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… … BE CLEAR AND PRECISE
Remember “more words there are,
the more words are there about which
doubts might be entertained”.
Lord Denning used to say, “old words
are best of all”.
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SOME TIPS IN ACHIEVING
TRINITY
(i) avoid use of cliches and rhetoric
(ii) be precise and to the point
(iii) use active voice
(iv) be particular than vague
(v) use simple and direct prose, and
(vi) try to be interesting.
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WHAT’S GOOD JUDGMENT?
Thinking mind is twofold
(i) Judicial Mind which analyses,
compares and chooses.
(ii) Creative Mind which foresees and
generates ideas.
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 Good judgment is a test of trained mind
 When judicial mind and creative mind
work together, we have a good
judgment
 Judgment keeps imagination on the
track
and
imagination
enlighten
judgment
 Judicial effort and creative effort call for
analysis and synthesis
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Judicial mind breaks down facts,
weighs them, compares them and
reject some, keeps others to form a
conclusion.
A creative mind also does the same
but it results in an idea and not a
verdict.
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There are two kinds of judgments.
(i) Critical Judgment
This calls for knowledge
 (ii) Constructive Judgment
This calls for imagination
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BALANCE TO BE MAINTAINED
Too much of analysis and synthesis
without imagination results in chocked
opinion.
Critical and constructive judgments,
therefore, must be balanced in
forming opinions.
Imagination sometimes helps to
analyse probabilities of the case.
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ARCHITECTURE AND MASONRY
A Judge should be a legal architect
and not a mason, laying brick after
brick
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DISCIPLINE OF LAW-I
Follow fair procedure which includes
principles of natural justice.
1. Audi alteram partem (no man shall be
condemned unheard);
2. Nemo debet esse judex in propria causa
no one can be a judge in his own
cause); and
3. Nemo protest esse simul actor et judex
(no one can be at once judge and
suitor).
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DISCIPLINE OF LAW-II
1. Justice according to Law: “Judicial power is
exercised to give effect to Will of
Legislature not to give effect to Will of the
Judge”. If law is arbitrary, unreasonable,
irrational
or
capricious
different
considerations would emerge.
2. Subconscious element in Judicial process –
 Precedent moulds decision
 Judicial mind never resists gravitational pull
of binding precedent
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GOOD JUDGMENT-I
SOME DOs
 Adhere to statutory requirements
 Discuss pleadings and evidence adopting précis
method
 Consider all issues in group or separately and
record conclusions giving reasons
 Support your reasons by statute/precedent law
 Use simple sentences to convey the reasons
 Before pronouncing, read and re-read the final
copy
 Employ cohesive, comprehensive and logical
prose while writing Judgment
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GOOD JUDGMENT-II
SOME DON’Ts
 Avoid verbatim, extracts from pleadings&
evidence
 Do not ignore grammar of language or else
sentences convey different meaning
 Be careful in using negative words
 Do not use rhetoric or hyperbola to
emphasize a point
 Do not exaggerate
 Do not take a discussion beyond the issue
for consideration
 Do not write lengthy Judgments
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ENSURING GOOD JUDGMENT-I

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TAKE ACTIVE ROLE DURING PRE TRIAL AND
TRIAL STAGE
PRE TRIAL STAGE
On the day the trial commences or before it, just
browse through the pleadings and documents filed.
While doing so, note points or case law or relevant
statutory provisions
During the trial, be attentive
Record evidence yourself
After recording evidence, read the typed copy of
deposition at least cursorily
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ENSURING GOOD JUDGMENT-II
ARGUMENT STAGE
Take down notes when the rival counsel
put forth their arguments
If any decisions are cited, go through
them carefully during the argument
stage itself
To generate debate on a legal point, ask
questions when you sit down for writing
Judgment
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ENSURING GOOD JUDGMENT-III
 WHEN YOU SIT DOWN FOR WRITING JUDGMENT
 Before actually starting writing or dictating, read entire
record once
 It certainly improves quality of Judgment and reduces
the time taken for dictating the Judgment
 After draft Judgment is prepared, correct it constantly
referring to the record
 Before pronouncing Judgment in open Court, read
once again to see whether the findings of all issues
are recorded correctly
 Do not pronounce any Judgment in great haste
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THANK YOU ALL
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