What is the ratio law?Asked by: Prof. Cecil Pacocha | Last update: August 10, 2022
Score: 4.9/5 (15 votes)
Latin, "rationale for the decision." The term refers to a key factual point or chain of reasoning in a case that drives the final judgment. When considering earlier cases as precedent, courts often ask parties to be very clear about how they interpret the main guiding principle or ratio decidendi of the earlier case.
What does ratio of the case mean?
The ratio decidendi of a case is not the actual decision, or order, like 'guilty' or 'the defender is liable to pay compensation'. 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 ratio and obiter?
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. Obiter may help to illustrate a judge's reasoning, but obiter is not necessary for the decision reached.
How do you find the ratio of a case?
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 is the role of ratio decidendi?
The Role of Ratio Decidendi in Judicial Precedent
Ratio decidendi plays a vital role in judicial precedents as it is the legal guideline underlying the choice in a specific case. Thus, it makes the judicial precedent for future cases and is thought about the most imperative part of a judge's discourse.
ratio and obiter
What does a ratio decidendi mean in law?
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 example?
As an example, the ratio in Donoghue v. Stevenson would be that a person owes a duty of care to those who he can reasonably foresee will be affected by his actions. All decisions are, in the common law system, decisions on the law as applied to the facts of the case.
How does one determine the ratio in a judgment?
Thus ratio decidendi is whatever facts the judge has determined to be the material facts of the case, plus the judge's decision based on those facts of the material facts that the judge creates law. Goodhart test of ratio is: ratio decidendi = material facts + decision.
What means obiter?
It refers to a judge's comments or observations, in passing, on a matter arising in a case before him which does not require a decision. Obiter remarks are not essential to a decision and do not create binding precedent.
How do you differentiate between ratio decidendi and obiter dicta?
Ratio decidendi is a rule of law expressly or impliedly treated by the judge as a necessary step in reaching the conclusion. An obiter dictum is a rule of law stand by a judge which was neither expressly nor impliedly treated by him as a necessary step in reaching his conclusion.
What is precedent law?
precedent, in law, a judgment or decision of a court that is cited in a subsequent dispute as an example or analogy to justify deciding a similar case or point of law in the same manner.
Is ratio decidendi legally binding?
Latin for 'reasons for deciding', the ratio decidendi is the part of a judge or justice's judgment which outlines the reasons for making their decision. It forms the legally binding precedent element of the judgment.
What is judicial dictum?
Specifically, in law, it refers to a passage in a judicial opinion which is not necessary for the decision of the case before the court. Such statements lack the force of precedent but may nevertheless be significant. Related Topics: judicial opinion.
What is binding precedent?
Precedent that a court must abide by in its adjudication of a case. For example, a lower court is bound by the decision of a higher court in the same jurisdiction, even if the lower court judge disagrees with the reasoning or outcome of that decision.
What is the opposite of dicta?
Antonyms. reversal judgment in personam judgment in rem affirmation judiciousness. pronouncement declaration say-so.
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.
What is the ratio decidendi of Donoghue v Stevenson?
Lords Buckmaster and Tomlin dismissed the appeal, which means they decided in favour of the defendant Mr Stevenson that there was no legal duty of care owed to Mrs Donoghue. Their judgments are called dissenting opinions. The result was a majority 3 : 2 decision in favour of Donoghue.
What is doctrine of obiter dicta?
Latin for "something said in passing." A comment, suggestion, or observation made by a judge in an opinion that is not necessary to resolve the case, and as such, it is not legally binding on other courts but may still be cited as persuasive authority in future litigation.
Is obiter binding?
The Rules of Obiter Dicta. Generally, obiter dictum is not binding; Except, the High Court's 'seriously considered dicta' is binding.
What is obiter dicta example?
If a court dismisses a case due to lack of jurisdiction and offers opinions on the merits of a case, then such opinions of the court constitute obiter dicta. (or) A purchased a washing machine from B's company.
What are the 4 main sources of law?
The four primary sources are constitutions, statutes, cases, and regulations. These laws and rules are issued by official bodies from the three branches of government.
What is principle of res judicata?
According to the dictionary meaning, 'res judicata' means a case or suit involving a particular issue between two or more parties already decided by a court. Thereafter, if either of the parties approaches the same court for the adjudication of the same issue, the suit will be struck by the law of 'res judicata'.
What is the writ of certiorari?
Writs of Certiorari
The primary means to petition the court for review is to ask it to grant a writ of certiorari. This is a request that the Supreme Court order a lower court to send up the record of the case for review.
What does habeas corpus literally mean?
The "Great Writ" of habeas corpus is a fundamental right in the Constitution that protects against unlawful and indefinite imprisonment. Translated from Latin it means "show me the body." Habeas corpus has historically been an important instrument to safeguard individual freedom against arbitrary executive power.
What is certiorari and mandamus?
While other Writs are issued in certain circumstances only, such as when a person is illegally detained (Habeas Corpus) or when there is overstepping of jurisdiction by a court (Certiorari), Mandamus can be issued in those cases where there is on the performance of duty the authority.