Judicial Precedent - Ratio Decidendi & Obiter Dicta A01

Question 1

Define ratio decidendi

Answer 1

rationale of the decision

Question 2

What does ratio decidendi acct as

Answer 2

a key factual point or chain of reasoning in a case

Question 3

What does ratio decidendi drive

Answer 3

the final judgement

Question 4

What is ratio decidendi in relation to precedent

Answer 4

binding part of precedent (must be followed in cases with similar facts)

Question 5

Example of ratio decidendi

Answer 5

R v Howe → the RD was ‘duress isn’t a defence to murder’ (overruled previous precedent in DPP v Lynch)

Question 6

What does Obiter Dicta translate to

Answer 6

’other things said’

Question 7

Define Obiter Dicta

Answer 7

incidental remarks either spoken or written by a judge in court

Question 8

What is Obiter Dicta’s role in precedent

Answer 8

isn’t essential to the decision, and therefore isn’t binding precedent

Question 9

Example of obiter dicta being used as persuasive precedent

Answer 9

R v Howe the judge made a remark that duress cannot be used as a defence to attempted murder, and the judge in R v Gotts used this as persuasive precedent