Ratio decidendi

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  • Ratio Decidendi Essay

    INTRODUCTION. It is an established common law principle that a decision by a superior court should be binding on inferior courts, hence, the ratio of past cases are legally binding on subsequent cases. This concept is called precedent and it is designed to give effect to the fact that the English law to some large extent is based on case law, and that case laws are not mere materials which a judge takes into consideration when making a decision on a particular case. Binding precedents are obtained from the legal reasoning for the decision of the court, which is called the ratio decidendi. Ratio Decidendi, as defined by Professor Cross, is; any rule of law expressly or impliedly treated by the judge as a necessary step in reaching his conclusion, having regard to the line of reasoning adopted by him, or a necessary part of his direction to the jury. This essay will evaluate in detail the postulation that there is only one binding ratio which explains the holding on the facts of a case. I will argue that the judgment of a court logically falls short of a binding ratio therefore, multiple ratios exist. This essay will focus on the theories of various authorities such as A.L. Goodhart, J. Stone, J.L. Montrose, and A.W.B Simpson. Application of the Rule of Precedent. Although the rule of precedent offers predictability, certainty,…

    Words: 1645 - Pages: 7
  • Should Judges Make Law

    precedent is persuasive. This means judges in future cases can choose to follow a previous decision, but they are not bound to. For example, in R v R the Court of Appeal decided that a man could be found guilty of raping his wife and the House of Lords followed this legal reasoning and agreed with the Court of Appeal 's decision. Although the House of Lords was higher than the Court of Appeal, they were not bound to follow the decision. Judgment contain 'obiter dicta ' and 'ratio decidendi…

    Words: 1958 - Pages: 8
  • Classroom Interview Paper

    Examples of demographics include; your location, education level, gender, and age. Michael grew up in a populous city in the tidewater region of Virginia. His classes were predominantly African American’s and Caucasians. Interestingly enough, there was a similar mix of individuals that lived in the suburbs compared to individuals living in low-income housing. The ratio of men to women in his classes was very similar. I believe that the ratio of men to women in classes is not a definitive…

    Words: 1382 - Pages: 6
  • Ev71 Essay

    Genogroup B in the late 1990s found to have sudden increases of genetic diversity which correspond to the time when the major HFMD outbreaks were happened in Asia. The observed dynamics of the plot are mostly corresponded with the recorded global surveillance data of EV71 cases over the past 4 decades. Similar results were obtained when using the VP1 gene from genogroup C. This implies that the elevation in genetic diversity is correlated with EV71 epidemics. Natural selection and adaptation in…

    Words: 986 - Pages: 4
  • Hospital Staffing

    staff to patient ratios, or allow the hospital to make decisions about staffing levels, even if it means fewer staff working longer hours? This is a question that affects millions of hospitals and also effects protocols in hospitals all over the world. I rarely visit the hospital, but if I go to the hospital and it’s a very serious case will I be treated quickly enough? Registered nurses have long recognized and continue to point out that staffing issues are an ongoing problem. It…

    Words: 758 - Pages: 4
  • Independent Variables In High School

    another field of study. You will observe other classes of other majors and you will take notes on certain things that caught your interest and that can influence you in working toward a different career that is not related to your major. After years in years college, you might be in a career that you will never expect in being. Most students who studied to be a lawyer would probably change into a teacher in the long run. In this research you can view it in two different proposal ways, either way…

    Words: 800 - Pages: 4
  • Theory Of Span Of Control

    report to one manager. This also can be a ratio by dividing the organizational total number of non-managers by the total number of managers. For example, a unit…

    Words: 703 - Pages: 3
  • What Is Google's Earning Per Share Ratio?

    Earning per share ratio is one of the profitability ratios computed by the net income less preferred dividends and divided the weighted average common shares outstanding. In 2015, Google’s earning per share ratio is $22.84. This indicates that if Google distributed every dollar of income to its shareholders, each shareholder would receive $22.84. In addition, Google’s earning per share ratios also increase from $20.57 in 2014 to $22.84 in 2015. These ratios in recent years are high, which means…

    Words: 982 - Pages: 4
  • Baltimore-Washington Conference Analysis

    weekly attendance group has fewer than 5,700 attendees. Furthermore, the red bar and blue bar combined represents the total membership per size category. For example, there are almost 7,000 total weekly attendees and almost 8,600 members attributed to all churches that fall within Group 400+. The largest section of membership is captured in churches between 50-124 weekly attendees with 30% of the conference’s total membership. Additionally, Baltimore-Washington churches below 35 weekly attendees…

    Words: 1087 - Pages: 4
  • Aborted Girls, Wanted Brides: Article Analysis

    Aborted Girls, Wanted Brides Cultural preference for boys in parts of India results in some of the largest imbalances between males and females in the world. This leads to sex-selective abortions and infanticide of girls, while boys are prized because they are believed to mature as leaders of the world and household, as they pass on the family name and traditions. This perpetuates the ongoing role of patriarchy and the customary belief that men are superior and dominant to their female…

    Words: 1360 - Pages: 6
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