ratio decidendi and obiter dicta

Question 1

ratio decidendi

Answer 1

this means ‘reason given’ this is usually given in the case where the judge says the verdict of the case in the doctrine of J.P this means all the other lower courts have to follow the same verdict given by the higher court judge, it becomes a binding precedent this means it has to be followed.
An example of ratio decidendi is given in R v Brown where the judge stated that consent was not a defence for ABH under s42

Question 2

obiter dicta

Answer 2

this means ‘other things said’ this is not always found in cases, it only happens at few rare occasions where the judge rules the exceptions behind the ratio decidendi which courts usually had to follow, this gives us examples of things we can do without being liable for example the obiter dicta in R v Brown the judge ruled that consent was possible in these occasions: contact sports, surgery, tatooe and piercings under these conditions people arent liable, they only form persuasive precendents which means judges can be persuaded to follow it