Ratio decidendi Latin plural rationes decidendi is a Latin phrase meaning "the reason" or "the rationale for the decision". The ratio decidendi is "the point in a case that determines the judgement"  or "the principle that the case establishes". In other words, ratio decidendi is a legal rule derived from, and consistent with, those parts of legal reasoning within a judgment on which the outcome of the case depends. It is a legal phrase which refers to the legal, moral, political and social principles used by a court to compose the rationale of a particular judgment.
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Difference Between Ratio Decidendi And Obiter Dicta Free Essays
Material facts are those facts that are legally relevant to the decision making of a case. If the facts are not there or differ, the Court might not make the same decision as before. When a trial court makes a legal error in deciding case, what steps must the party take to have the legal error reviewed? Answer 2. If the trial court makes an error then the party needs to take the case to the appeals court. The job of the appeals court is to review the proceeding of the trial court and correct legal errors made by the trial judge.
Ratio Decidendi and Obiter Dictum
She had some ginger beer, which was in an opaque bottle, with her ice cream, and later she emptied the rest into a glass. To her horror a decomposing snail came out. She consequently suffered shock and gastric illness and sued the manufacturer.
Obiter dictum usually used in the plural, obiter dicta is the Latin phrase meaning "other things said",  that is, a remark in a judgment that is "said in passing". It is a concept derived from English common law , whereby a judgment comprises only two elements: ratio decidendi and obiter dicta. For the purposes of judicial precedent , ratio decidendi is binding, whereas obiter dicta are persuasive only. A judicial statement can be ratio decidendi only if it refers to the crucial facts and law of the case.