• Ratio decidendi (US: /ˌreɪʃioʊ ˌdɪsaɪˈdɛndi, -daɪ/; Latin plural rationes decidendi) is a Latin phrase meaning "the reason" or "the rationale for the...
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  • comprises only two elements: ratio decidendi and obiter dicta. For the purposes of judicial precedent, ratio decidendi is binding, whereas obiter dicta...
    13 KB (1,786 words) - 19:44, 22 May 2024
  • Lamb v Camden LBC [1981] EWCA Civ 7, [1981] QB 625 is a leading case in English tort law. It is a Court of Appeal decision on negligence and the test of...
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  • decisions of common law jurisdictions give a sufficient ratio decidendi as to guide future courts. The ratio is used to justify a court decision on the basis...
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  • United States Ratio decidendi, a legal concept Ratio Institute, a Swedish institute Ratio scale, a statistical level of measurement Ratio, a 2009 book...
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  • Thumbnail for Greenman v. Yuba Power Products, Inc.
    court was affirmed. The judgements of legal cases form precedent or ratio decidendi which can be applied in later cases. Greenman v Yuba Power Products...
    14 KB (2,171 words) - 04:20, 21 June 2024
  • Thumbnail for ADM Jabalpur v. Shivkant Shukla
    been viewed as a stain on the legacy of the court for many years. The ratio decidendi (rationale behind the judgment) that all rights under our Constitution...
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  • Thumbnail for Chng Suan Tze v Minister for Home Affairs
    had been rendered unlawful by the conditions of her detention. The ratio decidendi, or legal point in the case which determined the judgment, was a narrow...
    47 KB (5,859 words) - 00:07, 8 December 2023
  • Thumbnail for Donoghue v Stevenson
    manufacturer of the axle that broke and caused the crash.: 57  The suggested ratio decidendi (Latin: the reason for the decision) of the case has varied from the...
    67 KB (7,759 words) - 20:46, 21 October 2024
  • Thumbnail for Miliangos v George Frank Ltd
    doctrine of judicial precedent in English law, including the doctrines of ratio decidendi and per incuriam. It represents a rare occasion in which their Lordships...
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  • Thumbnail for Court of Cassation (France)
    authorities—and a summary of ruling. The ruling does not contain a ratio decidendi in the style of common-law jurisdictions. Instead, it is left to legal...
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  • binding based on the authority of the hierarchy of the court, being ratio decidendi, and being the majority ruling, or simply persuasive. There are occasions...
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  • part of the rationale for the court's decision (referred to as the ratio decidendi). English lawyers do not, as a rule, categorise dicta more finely than...
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  • sado-masochism, R v Boyea (1992) 156 JPR 505 was another application of the ratio decidendi in Donovan that even if she had actually consented to injury by allowing...
    31 KB (4,492 words) - 19:54, 17 June 2024
  • binding as holdings in the case (see Stare decisis, Precedent and Ratio decidendi), and which parts are non-binding (see Obiter dictum). "Buckinghamshire...
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  • judgment is binding. One must distinguish between ratio decidendi and obiter dicta. Ratio decidendi is the "reason for the decision", and forms the crux...
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  • Thumbnail for McFarlane v Tayside Health Board
    English law of negligence, though the case was Scottish. The specific ratio decidendi of the decision is debated, but the judgments provide guidance and...
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  • based upon the court's findings of fact and conclusions of law." Ratio decidendi Obiter dictum (almost always shortened to dictum or, when plural, dicta...
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  • modern Scots delict (English tort) of negligence. This case used a wide ratio decidendi, which was held later as obiter, but established the principle of "duty...
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  • interpret the wider legal principles. The necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses...
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  • one of "loss of control" in the Coroners and Justice Act 2009. Its ratio decidendi (main reasoning) continues to have precedent value as the new "loss...
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  • for Crown Cases Reserved confirmed the conviction as valid, per the ratio decidendi stated at the introduction of this article. Kienapple v R Bonnie, R...
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  • Thumbnail for Dr. Bonham's Case
    obiter dictum (a statement made 'by the way'), rather than part of the ratio decidendi (rationale for the decision) of the case. After an initial period during...
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  • Thumbnail for Common law
    eventually adopted the modern definition of common law as case law or ratio decidendi that is binding as precedent including A. V. Dicey, William Markby...
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  • liability to attach slightly earlier in the sequence of acts. Subsequent ratio decidendi have abandoned the more formal common law last step test, leaving it...
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  • "Today we scored one for liberty." Justice Heneghan published her ratio decidendi in case number T-1364-21 on 7 March 2022, and wrote that "In my opinion...
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  • Thumbnail for R v R
    Lord Ackner and Lord Lowry all unanimously agreed with Lord Keith's ratio decidendi. As such R's appeal was dismissed and his conviction upheld. R's appeal...
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  • "decency" and the offence of "outrage". The list of cases consulted in the ratio decidendi is lengthy, and the case of Shaw v DPP is a topic of furious discussion...
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  • depending on the source of law involved: ratio decidendi for precedent, ratio legis for statutory law, and ratio iuris for unwritten legal principles. The...
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  • Thumbnail for Slavery Abolition Act 1833
    many campaigners, including Granville Sharp, took the view that the ratio decidendi of the Somerset case meant that slavery was unsupported by law within...
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