Ratio decidendi obiter dicta essay

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Ratio decidendi obiter dicta essay

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Judicial Precedent (Case Law) | Essay Example

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Ratio decidendi and obiter dicta essays

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Ratio decidendi obiter dicta essay

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Ratio decidendi is a principle of law on which the court reaches its decision.

The ratio decidendi of a case may be understood as the statement of the law applied in deciding the legal problem raised by the concrete facts of the case. The ratio decidendi is the binding part of a decision and is the principle of law on which the decision of a case is based.

The obiter dictum speculates what the judge would of decided if the facts of the case had been different, it may be of persuasive authority in later cases but it is not binding on future cases. 8 Differences between Ratio Decidendi and Obiter Dicta are as follows: Ratio Decidendi Meaning: ratio = the measure of a quantity in terms of another; decidendi .

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Ratio decidendi and obiter dicta essay writer

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The decision or judgement of a judge may fall into two parts: the ratio decidendi (reason for the decision) and obiter dictum (something said by the way). RATIO DECIDENDI – The ratio decidendi of a case is the principle of law on which a decision is based.

Ratio decidendi and obiter dicta Learning objectives At the end of this module, you will be able to: * distinguish between ratio decidendi and obiter dicta. * apply well-established rules to identify the ratio decidendi in a decision.

This module is intended as a useful exercise in revision.

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