1A.4.2 Ratio and obiter Flashcards
What does ‘ratio decidendi’ mean?
Means ‘reason for the decision’
What is the ratio decidendi?
It’s the judges legal reasoning for his decision
When must a ratio be followed?
It must be followed by all bound courts in cases with similar facts
What was the ratio of Howe (1987)?
Duress is not a defence to murder
What was the ratio of Brown (1993)?
Consent is not a defence for injury caused
What is a problem with using the ratio decidendi?
Judges don’t always make it clear what the ratio is, leaving it to lawyers to decide what it is
What does ‘obiter dicta’ translate to?
‘other things said’
Is the obiter dicta crucial to the outcome of the case?
No, the obiter isn’t crucial to the outcome of the case
What is the obiter dicta?
It is the judge’s speculation of what the outcome may have been if certain factors of the case were different
What is the obiter dicta of Howe (1987), and where was it used?
The obiter dicta was that duress is not a defence to attempted to murder. This was then used as the ratio in Gotts (1992)
