- This topic has 3 replies, 2 voices, and was last updated 8 years ago by
.
- Posts
Good evening Mr Mike..What are obiter dicta and ratio decidendi?I have an explanation in my book but it’s complex to understand..
Thank you?Ratio is that part of the judge’s decision that MUST be followed in subsequent similar cases in courts of same or inferior standing
Obiter is that part of the judge’s decision that is not fundamental to the decision (literally it means “other things said” or “things said by the way”) and is therefore not necessary to be followed. Obiter is persuasive only
That’s as much as you need to know!
NO! A judge, when summing up a case, may take weeks over his / her summation. Out of that three weeks worth of summarising, the judge may at some stage (probably near the end) say something like “….and because of X, Y and Z it seems to me that …… so I have to find in favour of the plaintiff”
All the rest of the three week summary was obiter
- You must be logged in to reply to this topic.