law terms
Murulidhara S (86 Points)
31 January 2008
Can anyone explain Ratio Decidendi, obiter dictum and precedents sub silento
4 Replies
Sohil Ganeriwala
(Practicing CA)
(308 Points)
Replied 01 February 2008
1) ratio decidendi:t is a legal phrase which refers to the legal, moral, political, and social principles used by a court to compose the rationale of a particular judgment.
2)obiter dictum:it refers to a part of judicial decision that goes beyond the scope of the issues and is considered as mere opinion and not binding precedent.
Aditya M
(Student)
(166 Points)
Replied 27 February 2008
good explanation..Ratio decidendi may also be defined as the ground or reason of decision. It is a decision on an issue in the case which determines the judgment. one test is reversing the reason. If the judgement changes significantly or reverses, it is the ratio. If it has no bearing on the judgment after reversal it is the Obiter dictum. Obiter dictum on the other hand may be defined as the words of an opinion entirely unnecessary for the decision of the case. It was defined in an American Case as a remark made, or opinion expressed, by a judge, in his decision upon a cause, "by the way", that is, incidentally or collaterally, and not directly upon the question before him, or upon a point not necessarily involved in the determination of the cause, or introduced by way of illustration, or anology or argument. Such are not binding as precedent also.
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