Topic 1 - Ratio Decidendi Flashcards
1
Q
What is the ratio?
A
‘The reason for the decision’ and requires lower courts to follow the rules established in previous cases
2
Q
What is the system of precedent like?
A
Hierarchical, and it is binding on ‘lower’ courts
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