Doctrine of Precedent

Question 1

Difference between judge’s ratio decidendi and obiter dictum?

Answer 1

The ratio decidendi is the binding principle upon which the court decision is based essential to the case. The obiter dictum is a statement made by the judge that is not necessary for the decision and is not binding on future cases.

Question 2

Example of obiter dictum

Answer 2

For example, in the Donoughe v Stevenson case the obiter dictum is duty of care extended

Question 3

Why is stare decisis important in the court system?

Answer 3

Stare decisis ensure that the law is not arbitrary and that similar cases are treated alike prevented bias