• Ratio decidendi (Latin plural rationes decidendi) is a Latin phrase meaning "the reason" or "the rationale for the decision". The ratio decidendi is "the...
    5 KB (786 words) - 21:45, 17 November 2022
  • United States Ratio decidendi, a legal concept Ratio Institute, a Swedish institute Ratio scale, a statistical level of measurement Ratio, a 2009 book...
    588 bytes (109 words) - 16:35, 19 January 2024
  • 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 (13,824 words) - 18:28, 28 April 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...
    14 KB (2,168 words) - 19:18, 13 February 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...
    4 KB (615 words) - 16:05, 11 February 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...
    8 KB (820 words) - 00:47, 15 December 2023
  • 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 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 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) - 22:43, 27 April 2024
  • 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...
    16 KB (1,463 words) - 03:24, 7 September 2023
  • 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 (4,490 words) - 12:18, 21 December 2023
  • 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...
    2 KB (236 words) - 03:40, 9 May 2020
  • 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...
    3 KB (392 words) - 20:17, 13 April 2024
  • 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...
    23 KB (3,030 words) - 06:39, 31 March 2024
  • interpret the wider legal principles. The necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses...
    14 KB (1,676 words) - 01:06, 22 April 2024
  • 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 (9,270 words) - 17:43, 11 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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  • 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...
    29 KB (2,332 words) - 04:39, 20 November 2023
  • 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...
    5 KB (635 words) - 17:03, 27 March 2024
  • 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...
    35 KB (4,672 words) - 21:36, 25 May 2024
  • judgment is binding. One must distinguish between ratio decidendi and obiter dicta. Ratio decidendi is the "reason for the decision", and forms the crux...
    7 KB (970 words) - 10:56, 26 April 2022
  • 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...
    27 KB (3,062 words) - 03:29, 8 June 2024
  • "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...
    72 KB (6,123 words) - 18:08, 15 May 2024
  • Thumbnail for Farah Constructions Pty Ltd v Say-Dee Pty Ltd
    changed the way that lower courts in Australia apply the concepts of ratio decidendi and obiter dicta. More generally, the case 'has been seen as an admonition...
    15 KB (1,650 words) - 12:06, 29 January 2024
  • 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...
    19 KB (2,812 words) - 11:44, 25 April 2024
  • "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...
    39 KB (5,107 words) - 18:00, 19 May 2024
  • 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...
    1 KB (187 words) - 13:13, 26 February 2023
  • 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...
    8 KB (1,006 words) - 16:42, 13 December 2023
  • decision in The Himalaya is clear and unambiguous, the reasoning (ratio decidendi) underpinning the case is still the subject of some debate. The courts...
    8 KB (1,265 words) - 00:30, 15 December 2022