Forums › Ask ACCA Tutor Forums › Ask the Tutor ACCA LW Exams › Ratio decidendi vs obiter dicta
- This topic has 3 replies, 2 voices, and was last updated 5 years ago by MikeLittle.
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- January 27, 2019 at 10:48 pm #503447
Sir please help me understand between the two terms. Thank you
January 28, 2019 at 5:33 am #503454The two terms, in combination, describe the summary of a judge’s findings at the conclusion of a case immediately before the judge pronounces his / her decision
But, within the body of that summary, there lies (hidden) the fundamental reason for the decision
And, once the fundamental reason for the decision has been metaphorically removed from the entirity of the summary, what we are left with is, by definition, not as important as the fundamental bit
The fundamental bit is the ratio decidendi (the rationale of the decision) and the rest is obiter dicta (other things said)
OK?
January 30, 2019 at 3:48 am #503634Thank you. Will have my Law exam on Feb 2nd.
January 30, 2019 at 7:08 am #503643So you have just 3 more clear days to ask your questions! I’m ready and waiting
If you have no more to ask, then may I wish you success on Saturday – do please let me know how you go on
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