• 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
  • 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...
    100 KB (13,831 words) - 14:36, 9 September 2024
  • 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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  • 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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  • 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 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...
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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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  • 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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  • 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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  • 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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  • 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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  • 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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    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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  • 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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  • 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...
    79 KB (9,273 words) - 18:19, 28 September 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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  • 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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  • 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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  • 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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    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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  • 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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  • "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...
    129 KB (17,081 words) - 20:53, 11 October 2024
  • Thumbnail for Murray Gleeson
    frequent number of judgments that clearly and plainly provide the Court's ratio decidendi. In 2020, at least six former associates of Dyson Heydon, another member...
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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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  • 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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