Hey there! Sign in to join this conversationNew here? Join for free
    • Thread Starter
    Offline

    0
    ReputationRep:
    Hey guys... I am experiencing problems of identifying ratio and obiter... Are there any tips to identify them correctly?


    Posted from TSR Mobile
    Offline

    2
    ReputationRep:
    Hey,
    The ratio decidendi, is the reason for the decision, whilst the obiter dicta are 'things said by the way'. The ratio is binding and the obiter dicta is merely persuasive. If you want a more in depth discussion, you should research the debate between Goodhart, Montrose and Simpson.
    They're academics that debated the best way to distinguish a ratio from an obiter dicta. Good luck!
 
 
 
Poll
Do you agree with the PM's proposal to cut tuition fees for some courses?

The Student Room, Get Revising and Marked by Teachers are trading names of The Student Room Group Ltd.

Register Number: 04666380 (England and Wales), VAT No. 806 8067 22 Registered Office: International House, Queens Road, Brighton, BN1 3XE

Write a reply...
Reply
Hide
Reputation gems: You get these gems as you gain rep from other members for making good contributions and giving helpful advice.