• 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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  • 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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  • comprises only two elements: ratio decidendi and obiter dicta. For the purposes of judicial precedent, ratio decidendi is binding, whereas obiter dicta...
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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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  • 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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  • 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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  • 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...
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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...
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  • 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...
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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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  • 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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  • 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...
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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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  • 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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  • 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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  • 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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  • 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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  • 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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  • 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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  • 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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  • 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 R v Williamson
    framework for determining s. 11(b) infringement. The Court used the ratio decidendi of R v Jordan (2016). The case involved the sexual abuse of a minor...
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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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  • "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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    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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  • Thumbnail for S. H. Kapadia
    miscarriage of justice. Former IAS officer, S. M. Murshed writes, 'the ratio decidendi of the Hon’ble Supreme Court is a bit difficult to comprehend, for...
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  • Thumbnail for Limitation Act 1963
    and others v National Coal Board said they could not actually find a ratio decidendi anywhere in the House of Lords' opinion. The Act also suffered from...
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  • Thumbnail for Faculty of Law, University of Delhi
    students and the teacher, followed by a quick reading of the issue and ratio decidendi of the judgement. Delhi Law review is a peer-reviewed and refereed...
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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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