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Ratio Decidendi

sheamyboy · 2008-11-10 23:27:43

Could anyone explain or define this term for me?

11-11-2008 12:27am

#1

sheamyboy

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Posts: 22

Could anyone explain or define this term for me?

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Comments

#2 11-11-2008 12:39am

hullaballoo

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It just refers to the reasoning behind a judgement. Ratio decidendi = reason for decision.

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#3 11-11-2008 12:48am

johnfás

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Above is correct, but de facto it refers to the specific reason why a judge came to a particular judgment. For instance, a judge might give a judgment which contains a diatribe all about society's ills and what he would do if he could get certain people into the courtroom and then eventually come round to what is before him and give a precise opinion on the matter before him. In that case, the meandering rant is known as obiter dictum whereas the reasoning behind the judgment is the ratio decidendi.

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#4 11-11-2008 12:48am

johnnyskeleton

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Hulla has defined it, so I'll explain it:

The ratio is the good bit of the judgement; what you have left after you cut out all the juicy facts, squishy precedents and gory legal arguments.

Also, take any chance to speak latin that you can get.

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#5 11-11-2008 4:19pm

sheamyboy

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Join Date: August 2008

Posts: 22

Ok thanks alot lads really cleared it up:D

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