Week 3 - Ratio Decidendi Flashcards
1
Q
What is the ‘ratio’?
A
The reason for their decision
2
Q
What does the ratio require?
A
Requires lower courts to follow the rules established in previous cases
3
Q
How do we describe the system of precedent?
A
Hierarchical - it is binding on lower courts
4
Q
What is ‘obiter dicta’?
A
The part of the judgement that may also include pronouncements that do not form part of the decision (the legal issue under consideration)
5
Q
How do we describe the ‘obiter dicta’?
A
Not binding but of persuasive authority
