Ratio decidendi refers to a statement that is a necessary part of the chain of reasoning leading to the decision of the case, while obiter dictum (“said by the way”) refers to any other statement in the opinion. The distinction is clear in theory but, in practice, may be difficult to apply to any given case.
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What is a ratio decidendi and why is it important?

The ratio decidendi establishes a precedent, which is the legal principle (law) used by the judge or judges in deciding the legal problem raised by the facts of the case.

What is an example of ratio decidendi?

For example, ratio decidendi refers to the facts of the case, those things that no one can debate. … For instance, obiter dicta may include the statements a lawyer tells the jury in a criminal case to convince them of his client’s innocence, in addition to the facts of the case.

Why is ratio decidendi difficult?

One of the key reasons why the ration decidendi of a case may be difficult to establish is that judgements are often written in a discursive manner so it is difficult to extract that main reasons for the judgement.

How do you determine ratio decidendi?

To help you find the ratio, when you’re reading the judgment, focus your attention on the precedents or legal principles the court discusses at length, and the facts of the case that the judges emphasise. The ratio is essentially the reason why the court reached a particular decision.

What does ratio decidendi mean?

Related Content. Literally the “rationale for the decision”. The essential elements of a judgment which create binding precedent, and must therefore be followed by inferior courts, unlike obiter dicta, which do not possess binding authority. Also known as ratio.

What is ratio decidendi of a case how do you frame the ratio decidendi give example?

The ratio decidendi of a case is the principle of law on which a decision is based. When a judge delivers judgement in a case he outlines the facts which he finds have been proved on the evidence. Then he applies the law to those facts and arrives at a decision, for which he gives the reason (ratio decidendi).

Do all cases have a ratio decidendi?

A precedent can be binding without a ratio. When the ratio cannot be determined, later courts may not be bound. Not all cases must have a ratio.

What is a ratio decidendi how does it differ from obiter dictum?

Ratio decidendi of a judgment may be defined as the principles of law formulated by the Judge for the purpose of deciding the problem before him whereas obiter dicta means observations made by the Judge, but are not essential for the decision reached.

What is the difference between ratio decidendi and obiter dictum?

The ratio decidendi (plural: rationes) is the reason for a judge’s decision in a case. The ratio is the judge’s ruling on a point of law, and not just a statement of the law. Obiter dictum (plural: dicta) are legal principles or remarks made by judges that do not affect the outcome of the case.

Why may a case have more than one ratio?

Ratios. A case may have more than one ratio in a single judgement as there may be several points of law are at issue, each producing ratio. … So there can be no single ratio of the whole court despite a majority decision.

What is meant by the black letter approach to law?

Black-letter law refers to the concept that rules are generally well-known and free from doubt or dispute. Black-letter law is related to the more colloquial term, “letter-of-the-law,” which refers to a court taking a literal approach to reading the law.

What does a ratio represent?

In mathematics, a ratio indicates how many times one number contains another. For example, if there are eight oranges and six lemons in a bowl of fruit, then the ratio of oranges to lemons is eight to six (that is, 8∶6, which is equivalent to the ratio 4∶3).

What does the word obiter mean?

Definition of obiter (Entry 1 of 2) : in passing : incidentally.

Do you agree that obiter dicta forms part as ratio Decidendi?

It is a concept derived from English common law, whereby a judgment comprises only two elements: ratio decidendi and obiter dicta. For the purposes of judicial precedent, ratio decidendi is binding, whereas obiter dicta are persuasive only.

Why is obiter dicta important?

These are vital to the court’s decision itself. Obiter dicta are additional observations, remarks, and opinions on other issues made by the judge. These often explain the court’s rationale in coming to its decision and, while they may offer guidance in similar matters in the future, they are not binding.

What is Red Letter law?

Filters. A law that is a large scale attempt by a government to regulate business in the interest of society at large.

What is a black-letter violation?

In common law legal structures, blackletter laws are the well-established legal rules that are certain and no longer disputable. Blackletter law is free from doubt and generally well-known. It also means well-established case law and refers to the basic key components of a subject in the law.

What do legal positivists believe?

Legal positivism is a philosophy of law that emphasizes the conventional nature of law—that it is socially constructed. According to legal positivism, law is synonymous with positive norms, that is, norms made by the legislator or considered as common law or case law.

How is ratio used in real life?

Ratios occur frequently in daily life and help to simplify many of our interactions by putting numbers into perspective. Ratios allow us to measure and express quantities by making them easier to understand. Examples of ratios in life: The car was traveling 60 miles per hour, or 60 miles in 1 hour.

Why are ratios and proportions important?

Ratios and proportions are foundational to student understanding across multiple topics in mathematics and science. In mathematics, they are central to developing concepts and skills related to slope, constant rate of change, and similar figures, which are all fundamental to algebraic concepts and skills.

How is ratio and proportion used in real life?

In the real world, ratios and proportions are used on a daily basis. … Ratios and proportions are also used in business when dealing with money. For example, a business might have a ratio for the amount of profit earned per sale of a certain product such as $2.50:1, which says that the business gains $2.50 for each sale.

What does habeas corpus literally mean?

The literal meaning of habeas corpus is “You shall have the body“—that is, the judge must have the person charged with a crime brought into the courtroom to hear what he’s been charged with.

What is the court a quo?

The High Court is a court of first instance (court a quo), which means that a case can be started in the High Court, but it also operates as a court of appeal for the Magistrate’s Court within its area of jurisdiction.

What does the phrase stare decisis mean?

Stare decisis is Latin for “to stand by things decided.” In short, it is the doctrine of precedent. … The doctrine operates both horizontally and vertically. Horizontal stare decisis refers to a court adhering to its own precedent.