Topic 1 - Ratio Decidendi Flashcards

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1
Q

What is the ratio?

A

‘The reason for the decision’ and requires lower courts to follow the rules established in previous cases

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2
Q

What is the system of precedent like?

A

Hierarchical, and it is binding on ‘lower’ courts

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3
Q

What is obiter dicta?

A

When the judgement may also include pronouncements that do not form part of the decision (the legal issue under consideration) - it is not binding but rather of persuasive authority

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