Ratio decidendi, How is ratio decidendi determined? Why is Ratio decidendi important? Is ratio decidendi the doctrine of precedent?

 


Ratio decidendi

Ration decidendi is a Latin phrase meaning " the reason" or " the rationale for the decision". The ratio decidendi is " the point in a case that determines the judgment" or " the principle that the case establishes"

The term refers to a key factual point or chain of reasoning in a case that drives the final judgment.

When considering earlier cases as precedents, courts often ask parties to be very clear about how they interpret the main guiding principle or ratio decidendi of the earlier case.

How is ratio decidendi determined?

Ratio decidendi can be determined by prioritizing the material facts and leaving the unimportant facts behind. Another way to identify ratio decidendi is to narrow down the precedents which could be applicable in determining the case.

Why is Ratio decidendi important?

The ratio decidendi establishes a precedent, which is the legal principle(law) used by the judges in deciding the legal problem raised by the facts of the case.

When looking at a court decision, the ratio decidendi stands out as the legal grounds upon which the decision is meant to stand. It is legally binding, unlike comments made in relation to the case that may be relevant or interesting but are not compelling from a legal stance.

Is ratio decidendi the doctrine of precedent?

The ratio decidendi or decision of the case is the ruling on the point of law and binding in the doctrine of precedent on courts lower in the court hierarchy. 

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I am an attorney in Pakistan, Practicing law since 2009 and M.A Political Science. I’m a dedicated and experienced lawyer offering my services to assist clients with drafting contracts, agreements, Will, Deed, Cease and Desist letter and others with understanding of complexities of legal requirements, intellectual property, review documents and legal consultation on all types of litigations i.e. Family, Civil, Banking and others I'm also freelancer at Upwork and Fiverr My others skills are: I. Content Writing II. Website Development III. Graphic Designing IV. Virtual Assistance V. Ecommerce VI. WordPress VII. Video Editing VIII. Autocade I'm also tutor and teaches LLB all subjects.

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