Ratio decidendi - Wikipedia, the free encyclopedia
Ratio decidendi (Latin plural rationes decidendi ) is a Latin phrase meaning "the reason" or "the rationale for the decision." The ratio decidendi is: It is a legal phrase which refers to the l...
en.wikipedia.org/wiki/Ratio_decidendi
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Ratio decidendi and obiter dictum; So far as the parties to any particular case are concerned, all that matters is the judge’s decision; he gives judgment either for the plaintiff or for the defendant and that, subject to any right That was all that was in issue, and the words ‘a marine or’ were obiter dicta.
legal-directory.net/english-law/ratio-decidendi-and-obi... legal-directory.net/english-law/ratio-decidendi-and-obiter-dictum.htm
distinguish between ratio decidendi and obiter dicta. ... The answer given by Kirby J on this occasion was that judges would be reluctant to do so as "the discursive nature of their judgments is the historic basis of the development of the common law".
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The ratio decidendi is also known as the rationale for a decision ... The ratio decidendi is one of the most powerful tools available to a lawyer. With a proper understanding of the ratio of a precedent, the advocate can in effect force a lower court to come to ... What is the difference between ratio decidendi and obiter dicta?
www.answers.com/topic/ratio-decidendi www.answers.com/topic/ratio-decidendi
Unlike obiter dicta, the ratio decidendi is, as a general rule, binding on courts of lower jurisdiction--through the doctrine of stare decisis. Certain courts are able to overrule decisions of a court of coordinate jurisdiction--however out of interests of judicial comity they generally try to follow co-ordinate rationes.
www.scribd.com/doc/21439226/Ratio-Decidendi www.scribd.com/doc/21439226/Ratio-Decidendi
The ratio decidendi is binding on lower courts and stands in contrast to obiter dicta. The ratio decideni is a fundamental part of establishing precedents ... ... What does ratio Decidendi and Obiter Dictum mean? ... Ratio Decidendi Obiter Dicta of Judgments...
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The ratio decidendi [reason of deciding] of a case can be defined as the material facts of the case plus the decision thereon. ... The lawyer can argue that while the precedent case does articulate the legal proposition for which it has been cited, nevertheless the proposition was obiter dicta (things said by the way).
legalresearch.org/docs/perell.html
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It is said that a previous case is binding only as to its ratio decidendi and the ratio is distinguished from obiter dicta which do not bind. Thus obiter dicta have persuasive influence. An obiter dictum is always something said by ... Their compatibility tends to assume that these two judgments form the source of the ratio.
www.ebc-india.com/lawyer/articles/87v4a5.htm
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