Saturday, July 25, 2009

Ratio decidendi Vs Obiter Dictum Vs Stare decisis

Ratio decidendi
- In latin, reasons for dicision
- It is a principle stated that, every lower courts in same hierachy are compelled to follow the decision of the upper court. ( doctrine of precedent )

Obiter dictum
- In latin, remark in passing
- These are judicail observation
- Not binding, but persuasive observation.

Stare decisis
- In latin, stand by things decided
- The principle dictates that once a superior court created a case law, all lower courts in the same hierachy must adopt the same ratio
- brings about consistencry to the application of case law
-The members of community are able to predict the outcome of the court's decision.

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