RATIO DECIDENDI AND OBITER DICTUM
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. When a...
DETERMINING RATIO DECIDENDI – EFFICACY OF WAMBAUGH’S TEST
Judicial precedents are an important sources of law. They are the former judgements of the superior courts which the judges in common law countries are bound to follow. This bindingness of previous decisions on the...
Ratio decidendi and obiter dicta
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 revi...