involved in judicial precedent. There are ratio decidendi and the obiter dictum. The binding part of a previous decision is the ration decidendi (reason for the decision) and it must be followed by judges in later cases. Anything said an obiter dictum (by the way) in the original case is merely persuasive because it was not strictly relevant to the matter in issue and does not have to be followed. For example: In Donoghue v Stevenson‚ the claimant suffered food poisoning after drinking from an opaque
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material facts. For example in the case of Donughue v Stevenson (1932) AC 562. The House of Lords held that a manufacturer owed a duty of care to the ultimate consumer of the product. This set a binding precedent which was followed in Grant v Knitting Mills (1936) AC 85. The ratio decidendi forms the legal principle which is a binding precedent meaning it must be followed in future case containing the same material facts. Besides‚ the obiter dicta is things stated in the course of a judgment
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the legal principle given in the Ratio Decidendi. The definition of the Obiter Dicta is that judges’ observations with a case‚ but not reason for decisions. Therefore‚ Obiter is not a legal principle for the particular case but if the obiter is made by an eminent judge in a higher court‚ usually lower court judges refer to them in later case. So the most differences between the Ratio Decidendi and the Obiter Dicta is the Obiter Dicta is not necessary for final decision but can provide an indication
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DETERMINING RATIO DECIDENDI – EFFICACY OF WAMBAUGH’S TEST I. INTRODUCTION 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 lower courts is partly due to high status which the judges enjoyed in England and also partly because of the importance of the issues which they decided. Judicial decisions were given a high authority as
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judgments‚ which should include: o The facts that were considered material or relevant‚ o The ratio decidendi‚ o The arguments considered by the court in support of‚ or against‚ the principle‚ and o Any obiter dicta or significant observations by the court; • Commentary on the impact of the decision on the law. The following pages contain an example of how a casenote can be presented‚ as well as a discussion on reading and summarising cases
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A feminist reading of Doris Lessing’s ‘To Room Nineteen’ and ‘Strange Case of Dr. Jekyll and Mr. Hyde’ by Robert Louis Stevenson using ideas discussed in ‘The Second Sex’ by Simone de Beauvoir. The concept of Simone de Beauvoir’s myth of women discussed in ‘The Second Sex’ was still very much prevalent in the 1960s when ‘To Room nineteen’ was set and certainly at the time of ‘Strange case of Dr. Jekyll and Mr. Hyde’. In the 1960s‚ in accordance with the second wave of feminism‚ women were thought
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CATHOLIC UNIVERSITY OF EASTERN AFRICA LEGAL METHODS – 1ST TRIMESTER NOTES – LECTURER FREDA KABATSI Faculty Vision: To train the students in the Faculty of Law to become conscientious and ethical lawyers who have an excellent grounding in legal principles and who will provide leadership in Kenya‚ East Africa and beyond. OVERVIEW OF LEGAL METHODS * Legal Methods is the study of how law operates in the society and how lawyers‚ judges and legislative think and do things according to the law.
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Precedent and Statutory Interpretation to Resolve Points of Law. [ONLINE] Available at: http://www.peterjepson.com/law/LewisLAS-6.html. [Accessed 12 November 12] Study Mode. 2009. Business Law Donoghue V Stevenson Case Study. [ONLINE] Available at: http://www.studymode.com/essays/Business-Law-Donoghue-V-Stevenson-Case-223893.html. [Accessed 12 November 12]
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based on stare decisis. That is the standing by of previous decisions. Once a point of law has been decided in a particular case‚ that law must be applied in all future cases containing the same material facts. For example in the case of Donoghue v Stevenson[1932] AC 562‚ (Case summary). The House of Lords held that a manufacturer owed a duty of care to the ultimate consumer of the product. This set a binding precedent which was followed in Grant v Austalian Knitting Mills [1936] AC 85 (Case summary)
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enforceable court order. The purpose of civil law is to uphold the rights of individuals and can be won on the basis of probability. Civil cases are decided by a judge and very rarely a jury in a county or high court. For example in the case of Donoghue v Stevenson[1932] AC 562‚ (Case summary). The House of Lords held that a manufacturer owed a duty of care to the ultimate consumer of the product. This set a binding precedent which was followed in Grant v Austalian Knitting Mills [1936] AC 85 (Case summary)
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