Topic 1 - Ratio Decidendi

Question 1

What is the ratio?

Answer 1

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

Question 2

What is the system of precedent like?

Answer 2

Hierarchical, and it is binding on ‘lower’ courts

Question 3

What is obiter dicta?

Answer 3

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