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    Can you please tell me how to get 9-10 marks on this judical precedent question.

    What does ratio decidendi and obiter dicta mean?

    Here's my responce. Can you please read it and tell me what else i have to put in. Thanks.

    Ratio decidendi is the legal reason for the judge’s decision, which in the case for the higher courts has to be followed by lower courts; therefore, ratio forms a binding precedent. The case of Brown is an example of ratio as the ratio that was formed was that you can’t consent to have pain for sexual pleasure. Another example of ratio is R v Harris and Harris where two parents were found guilty of the manslaughter of their daughter after refusing to allow doctors to treat her diabetes with insulin. The ratio that was formed was that parents have a duty to act to care for their children.
    Obiter dicta mean “other things said by the way” that does not form the legal reason for the decision, therefore forming a persuasive precedent. This was shown in the Wilson case where the obiter was formed from the ratio in the Brown case.
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    obi wan kanobi
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    (Original post by ********)
    Can you please tell me how to get 9-10 marks on this judical precedent question.

    What does ratio decidendi and obiter dicta mean?

    Here's my responce. Can you please read it and tell me what else i have to put in. Thanks.

    Ratio decidendi is the legal reason for the judge’s decision, which in the case for the higher courts has to be followed by lower courts; therefore, ratio forms a binding precedent. The case of Brown is an example of ratio as the ratio that was formed was that you can’t consent to have pain for sexual pleasure. Another example of ratio is R v Harris and Harris where two parents were found guilty of the manslaughter of their daughter after refusing to allow doctors to treat her diabetes with insulin. The ratio that was formed was that parents have a duty to act to care for their children.
    Obiter dicta mean “other things said by the way” that does not form the legal reason for the decision, therefore forming a persuasive precedent. This was shown in the Wilson case where the obiter was formed from the ratio in the Brown case.
    I'm not sure you've understood ratio properly. "You can't consent to have pain for sexual pleasure" isn't a legal reason--it's a statement. That was the decision. The legal reasoning is somewhat different. Why did the court rule that consent wasn't a defence for injuries inflicted in the course of sadomasochistic sex? That's the ratio. The order of precedent point could probably be expressed more clearly--the Supreme Court/House of Lords binds the Court of Appeal, the Court of Appeal is (usually) bound to follow its own decisions, and the lower courts must follow the Court of Appeal.

    Obiter dicta aren't precedent--they are persuasive authority, but they do not bind any court.
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    ^ What JJarvis said.

    I add that your analysis of R v Brown is wrong. It does not say that you can't consent to pain for sexual pleasure. It says you can't consent to grievous bodily harm. You can still consent to less serious forms of pain for sexual pleasure. For clarity, the ratio of Brown is "you can't consent to greivous bodily harm".
 
 
 
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