Judicial Precedents

Ratio Decidendi

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  • Created by: DanielleJ
  • Created on: 07-04-14 21:28

Ratio Decidendi

Ratio Decidendi:

  • this is the only part of the judgement which forms a precedent.
  • hard to divide ratio decidendi from the obiter dicta.
  • it depends on the level of the court making the decision as to whether the ratio has to be followed by a later court (a binding precedent) or whether it merely has to be considered by that court
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