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ratio decidendi

Subject: Law

[Latin: the reason for deciding] The principle or principles of law on which the court reaches its decision. The ratio of the case has to be deduced from its facts, the reasons ...

Ratio decidendi

Ratio decidendi   Quick reference

Guide to Latin in International Law (2 ed.)

Reference type:
Subject Reference
Current Version:
2022
Subject:
Law
Length:
25 words

...Ratio decidendi . ra´tēō dākēdān´dē . rā´šō desiden´dī. n . “Reason of the decision.” The legal basis or reasoning underlying a judicial or administrative decision, award, or judgment....

ratio decidendi

ratio decidendi   Reference library

Encyclopaedic Dictionary of International Law (3 ed.)

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, International Law
Length:
120 words

... decidendi The term, in widespread use in municipal legal systems, denotes the general reasons or grounds given for a judicial or arbitral decision. The importance of the ratio , especially in Anglo-American jurisdictions, lies in identifying what should constitute the precedent for future cases containing similar facts and circumstances. In its practice, the I.C.J. does not adopt a rigid system of precedent (indeed, in terms of art. 59 of its Statute, is precluded from doing so), and hence the distinction between the ratio decidendi of a case and obiter...

ratio decidendi

ratio decidendi   Quick reference

A Dictionary of Law (10 ed.)

Reference type:
Subject Reference
Current Version:
2022
Subject:
Law
Length:
78 words

... decidendi [Latin: the reason for deciding] The principle or principles of law on which the court reaches its decision. The ratio of the case has to be deduced from its facts, the reasons the court gave for reaching its decision, and the decision itself. It is said to be the statement of law applied to the material facts. Only the ratio of a case is binding on inferior courts, by reason of the doctrine of precedent...

ratio decidendi

ratio decidendi   Quick reference

A Dictionary of Law Enforcement (2 ed.)

Reference type:
Subject Reference
Current Version:
2015
Subject:
Law
Length:
78 words

... decidendi [Latin: the reason for deciding] The principle or principles of law on which the court reaches its decision. The ratio of the case has to be deduced from its facts, the reasons the court gave for reaching its decision, and the decision itself. It is said to be the statement of law applied to the material facts. Only the ratio of a case is binding on inferior courts, by reason of the doctrine of precedent...

Ratio decidendi

Ratio decidendi   Reference library

The Oxford Companion to the High Court of Australia

Reference type:
Subject Reference
Current Version:
2007
Subject:
Law
Length:
3,338 words

...a conglomerate’. In such cases, it seems better to say that there is no ratio decidendi at all. Tony Blackshield Further Reading Arthur Goodhart , ‘ Determining the Ratio Decidendi of a Case ’ (1930) 40 Yale Law Journal 161 Anthony Mason , ‘ The Use and Abuse of Precedent ’ (1988) 4 Australian Bar Review 93 George Paton and Geoffrey Sawer , ‘ Ratio Decidendi and Obiter Dictum in Appellate Courts ’ (1947) 63 Law Quarterly Review 461 Julius Stone , ‘ The Ratio of the Ratio Decidendi ’ (1959) 22 Modern LR ...

ratio decidendi

ratio decidendi   Reference library

Australian Law Dictionary (3 ed.)

Reference type:
Subject Reference
Current Version:
2018
Subject:
Law
Length:
516 words

...ratio decidendi (Latin, reason for deciding) The proposition of law for which a case stands as authority. According to the doctrine of precedent, if a case cannot be distinguished from the precedent case, the ratio of the precedent case binds a lower court in the same hierarchy. The ratio is authoritatively determined by a court interpreting the precedent case. As formulated, it may often be expressed in the propositional form of If E1 + E2, then L , where the elements, E1 and E2 , are abstractions of the material facts and L is the legal...

ratio decidendi

ratio decidendi noun   Quick reference

New Oxford American Dictionary (3 ed.)

Reference type:
English Dictionary
Current Version:
2015
Subject:
English Dictionaries and Thesauri
Length:
52 words
ratio decidendi

ratio decidendi noun   Quick reference

Oxford Dictionary of English (3 ed.)

Reference type:
English Dictionary
Current Version:
2015
Subject:
English Dictionaries and Thesauri
Length:
49 words
ratio decidendi

ratio decidendi  

Reference type:
Overview Page
Subject:
Law
[Latin: the reason for deciding]The principle or principles of law on which the court reaches its decision. The ratio of the case has to be deduced from its facts, the reasons the court gave for ...
binding precedent

binding precedent  

Reference type:
Overview Page
Subject:
Law
A proposition of law (the ratio decidendi) for which a case is authority. The ratio decidendi must be applied in a later (instant) case if three conditions apply:(1) the ...
distinguish

distinguish  

Reference type:
Overview Page
Subject:
Law
To find, upon analysis of a case before the court, that it is not on all fours with the rule of a case that is being considered as a binding ...
persuasiveness

persuasiveness  

Reference type:
Overview Page
Subject:
Law
In legal reasoning, the weight (if any) to be accorded a precedent or judicial opinion that is not binding in the instant case. The weight is determined after taking into ...
precedent

precedent  

Reference type:
Overview Page
Subject:
Law
N.A judgment or decision of a court, normally recorded in a law report, used as an authority for reaching the same decision in subsequent cases. In English law, judgments and decisions can represent ...
reasons for judgment

reasons for judgment  

Reference type:
Overview Page
Subject:
Law
Judges' or decision-makers' basis for their decision. A judgment generally consists of reasons and orders. The reasons set out the factual and legal basis for the decision. Reasons are used ...
Garcia v National Australia Bank

Garcia v National Australia Bank  

Reference type:
Overview Page
Subject:
Law
(1998).In this case, the High Court was confronted with an anachronistic rule based upon controversial assumptions about the vulnerability of married women.Garcia concerned the circumstances in which ...
Concurring judgments

Concurring judgments  

Reference type:
Overview Page
Subject:
Law
A Justice who agrees in the result of a particular case may either join in the judgment of the Court, or of the majority, or may write a separate judgment ...
Kenneth Madison Hayne

Kenneth Madison Hayne  

Reference type:
Overview Page
Subject:
Law
(born 5 June 1945; Justice since 1997)was appointed to the High Court in September 1997 from the Victorian Court of Appeal to replace Dawson. Although born in Gympie (the ...
Murray Gleeson

Murray Gleeson  

Reference type:
Overview Page
Subject:
Law
(born 30 August 1938; Chief Justice since 1998)was the first Chief Justice of a state Supreme Court to be appointed as Chief Justice of the High Court since Griffith, whose Queensland Chief ...
Judicial reasoning

Judicial reasoning  

Reference type:
Overview Page
Subject:
Law
Refers both to the process of thought by which a judge reaches a conclusion as to the appropriate result in a case, and to the written explanation of that process ...
Joint judgments and separate judgments

Joint judgments and separate judgments  

Reference type:
Overview Page
Subject:
Law
Courts decide legal disputes between parties. In so doing, they must frame orders that dispose of the disputes. But courts also frame rules of more general application in the course ...

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