Ratio Decidendi And Obiter Dicta Free Essays.
Ratio Decidendi And Obiter Dicta 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.The ratio decidendi is the binding part of a decision and is the principle of law on which the decision of a case is based. The obiter dictum speculates what the judge would of decided if the facts of the case had been different, it may be of persuasive authority in later cases but it is not binding on future cases.Such judicial dicta, standing in authority somewhere between a ratio decidendi and an obiter dictum, seem to me to have a weight nearer to the former than the latter. Also, some statements made in dicta are so influential that it in effect becomes ratio.
Obiter dicta definition of obiter dicta by The Free - Discuss the different ways case laws can be superseded and quote some examples. the ratio decidendi from the obiter dicta as they are written in.The ratio is still law, it's just not relevant to the case under consideration. Obiter dicta are statements made which don't go to the conclusion of the case, and are not law--they're persuasive authority for a proposition. Dicta can, however, be applied in subsequent cases, in which case they become law.
Distinction between Ratio Decidendi and Obiter Dicta: Ratio decidendi means reason of the decision while obiter dicta mean something said by the judge, by the way, having no binding authority. The difference between the two can be understood better by the case R v. Franklin.
