Ratio Decidendi and Obiter Dicta
Observations and decisions based on some. Ratio Decidendi and Obiter Dicta. Como Distinguir La Ratio Decidendi Y El Obiter Dictum En Un Fallo Lp Therefore this is an attempt at explaining the. . The ratio is the judges ruling on a point of law and not just a statement of the law. Difference Between Ratio Decidendi and Obiter Dicta. Unlike ratio decidendi obiter dicta are not the subject of the judicial decision even if they happen to be correct statements of law. Obiter dicta in one case might be adopted as ratio decidendi in subsequent cases. While an obiter dictum is distinguished from a ratio decidendi is in that obiter. Finding the ratio and obiter is an art and not a mechanical process. Obiter Dicta is another part of a judgement like Ratio Decidendi is for coming to a conclusion. It is the reasoning and rules used in the case which enable the court to reach its final decision. The general rules of Ra...
