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Ratio Decidendi or Obiter Dicta?

Forums › Ask ACCA Tutor Forums › Ask the Tutor ACCA LW Exams › Ratio Decidendi or Obiter Dicta?

  • This topic has 3 replies, 2 voices, and was last updated 9 months ago by MikeLittle.
Viewing 4 posts - 1 through 4 (of 4 total)
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  • April 6, 2022 at 3:02 pm #652788
    kish200
    Participant
    • Topics: 22
    • Replies: 45
    • ☆☆

    Good Day Sir
    I came across this question in my studies:

    “____ relates to everything the judge considered in terms of the facts of the particular case in reaching a particular decision”

    Now, I saw this as the Ratio Decidendi but the answer says that it’s actually Obiter Dicta…
    Could you help to clarify how this is as the statement really seems to be talking about Ratio Decidendi

    April 6, 2022 at 4:57 pm #652802
    MikeLittle
    Keymaster
    • Topics: 26
    • Replies: 22702
    • ☆☆☆☆☆

    My understanding is that the ratio decidendi is the core of the judge’s decision whereas obiter dicta relates to (and here is the key word!) EVERYTHING the judge considered

    Does that make better sense for you?

    April 7, 2022 at 2:08 pm #652835
    kish200
    Participant
    • Topics: 22
    • Replies: 45
    • ☆☆

    MikeLittle wrote:My understanding is that the ratio decidendi is the core of the judge’s decision whereas obiter dicta relates to (and here is the key word!) EVERYTHING the judge considered

    I understand now, yes, thank you so much

    April 8, 2022 at 4:58 pm #652928
    MikeLittle
    Keymaster
    • Topics: 26
    • Replies: 22702
    • ☆☆☆☆☆

    You’re very welcome

  • Author
    Posts
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