they are precedents which must be followed. Ratio decidendi and obiter dicta For a judicial decision to be binding on subsequent courts‚ the decision must be ratio decidendi. The ratio decidendi of a case is the reason for the actual decision or the principles underlying the decision‚ and if the judge made a clear statement of the reason for his decision‚ or laid down a legal principle‚ it would not be difficult to extract the ratio decidendi‚ but this is not often the case. Many matters would
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nothing impossible. Case law or precedent may comprise res judicata‚ ratio decidendi and obiter dictum (pg 29). Res judicata: Final order of the court binding the immediate parties to the decision. It assumes that there are 2 opposing parties‚ there is a definite issue and the court has so decided the issue acting within its jurisdiction. Judgement in the strictest sense. Only applies to the immediate parties. Ratio decidendi: It’s the reason for the decision. In a case‚ in addition to the res
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INTRODUCTION: The doctrine of precedent‚ or stare decisis‚ lies at the heart of the English legal system. The doctrine refers to the fact that within the hierarchical structure of the English courts‚ a decision of a higher court will be binding on a court lower that is in that hierarchy. In general terms this means that when judges try cases they will check to see if a similar situation has come before a court previously. If the precedent was set by a court of equal or higher status to the court
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different ’levels’ there are in the English system. My second point is Stare Decisis and what it is. This point is made up of several questions that I will answer; why have binding precedent? What has to be followed? That is Obiter Dicta and Ratio Decidendi? What is persuasive precedent and who uses it and how it is used? When is a judge bound? Can the Stare Decisis be avoided? And lastly: How has Stare Decisis handicapped the development of the English law? The hierarchy of the courts The English
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bound to follow the decisions imposed by the courts above them in the hierarchy. However‚ since the UK joined the European Union‚ the courts are bound to follow the EU law given by thee European Courts. RATIO DECIDENDI & OBITER DICTUM According to the Oxford dictionary of law‚ a ratio
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judge will set out their reasons for reaching a decision. The reasons which are necessary for them to reach their decision amount to the ratio decidendi of the case. The ratio decidendi forms the legal principle which is a binding precedent meaning it must be followed in future cases containing the same material facts. It is important to separate the ratio decidendi from the obiter dicta. The obiter dicta is things stated in the course of a judgment which are not necessary for the decision. For
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decisions of the judges create law for future judges to follow‚ this law can be found in judgement that is binding. Ratio Decidendi is the part of the judgement that is binding. In the English legal system‚ higher courts bind lower courts so lower courts have to follow the past decisions of the higher courts. For example‚ the Supreme Court binds the court of appeal. Ratio Decidendi loosely translates as "the reason for deciding". It was described by Michael Zander as "a proposition of law which decides
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are the origin of the precedent and the content of precedent. In origin precedent‚ to be binding a precedent must originate from a court of appropriate rank in the heirachy. In content of the precedent‚ for example‚ ratio decidendi or legal reasoning that is binding. The ratio decidendi of an earlier case may bind and become a precedent for deciding other cases of similar dispute in the future. Although the decision in a particular case is of importance an interest only to the parties to the litigation
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and by which precedents are authoritative and binding and must be followed. In giving judgment in a case‚ the judge will set out the facts of the case‚ state the law applicable to the facts and then provide his or her decision. It is only the ratio decidendi (the legal reasoning or ground for the judicial decision) which is binding on later courts under the system of judicial precedent. Any observation made by the judge on a legal question suggested by the case before him or her but not arising in
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Decision…………………………... 9 8. Ratio decidendi………………………………………. 10 9. Obiter Dictum………………………………………... 11 Introduction An attempt has been made to do an analysis of the case “Sonu v. State of M.P.” (MANU/MP/0088/2010) in the parameters given below:- * Concrete Facts of The Case * Material Facts of The Case * Immaterial Facts of The Case * Concrete Decision * Generalisation of The Concrete Facts * Generalisation The Concrete Decision * Ration Decidendi of The Case * Obiter
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