describe ratio decidendi and obiter dica

Question 1

what is the purpose of judicial precedent?

Answer 1

operates because the legal reasons for past decisions are recorded judgements

Question 2

what are the two parts of these judgements

Answer 2

ratio decidendi and obiter dica

Question 3

what is ratio decidendi

Answer 3

part of judgement where judge explains principles of law upon which their decision is based

Question 4

what is an effect of ratio decidendi

Answer 4

creates binding precedent for judges to follow in future, similar cases + judgements made by higher courts are binding on all courts beneath them

Question 5

what are case examples of ratio decidendi

Answer 5

donoghue v stevenson, carlill v carbolic smoke ball co ltd + r v dudley & stevens

Question 6

what is obiter dica

Answer 6

where judge may comment on what decision would’ve been if facts of case had been different

Question 7

is obiter dica binding

Answer 7

no but may form a persuasive precedent

Question 8

is it similar to ratio decidendi

Answer 8

sometimes difficult to separate ratio decidendi from obiter dica

Question 9

what are case examples of obiter dica

Answer 9

r v howe which was followed as a persuasive precedent in r v gotts