Ratio Decidendi And Obiter Dicter And Stare Decisis Flashcards
(7 cards)
1
Q
What is ratio decenci?
A
The legal reason for the decision
2
Q
Difficulty in establishing RD ( 3 )
A
1)Judges of the case don’t make it clear so up to lawyers and judges on similar cases reading the judgment to discover it
2)Not given clear heading
3) Up to lawyers interpretation
3
Q
Case for RD civil and criminal
A
Civil : Donoghue v Stephenson -
Criminal : R v Howe
4
Q
What is orbiter dicta
A
Judgements which don’t have to be followed by later cases but judge may wish to follow if similar
5
Q
Case for OD
A
R v Gotts -
6
Q
What is stare decicis
A
Stand by decision
7
Q
What does stare decisis mean
A
Courts must follow and supply law set out in decision of higher court in previous cases
