Legal Method - The Concept of Ratio Decidendi - Flashcards in University Law

Ratio (Decidendi)

A proposition of law which is binding

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Obiter dictum (plural: obiter dicta)

A proposition of law stated by a judge that is not necessary for his/her conclusion.

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Ratio - what is the decision a result of?

The case (e.g. the defendant committed an offence) and is of legal and practical interest only to parties, and binding only to them.

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Ratio - summary

Although who wins is most important aspect for parties, for lawyers, vital part is where judges set out reasons for decision. Legal principle which becomes binding part of judgement and precedent for future cases.

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1 of 3 things generally necessary for judge to do.

Decide what legally relevant or material facts are - e.g. defendant was drunk whilst in charge of a bicycle on a public highway.

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2 of 3 things generally necessary for judge to do.

State the relevant law - for example, that s 12 of Licensing Act 1872 makes it an offence to be drunk whilst in charge of any 'carriage' on a public highway.

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3 of 3 things necessary for judge to do.

Apply law to facts in order to decide outcome of case.

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Sir Rupert Cross on ratio decidendi

'The ratio decidendi of a case 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...'

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Requirement that it be a proposition of law does not mean that facts are relevant:

proposition of law is the application of law to material facts. Although 'material' or 'relevant' are the terms commonly used, you start by thinking of them as essential facts

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Determining the Material Facts

Facts that determine whether someone is guilty of the offence (things that don't make a difference such as gender of defendant or make of instruments involved are unlikely to be material facts).

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Finding Ratio

Looking for legal reasoning in the case which was essential for decision.

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What ratio must involve?

Fact which are essential for decision, as they are basis on which legal principle operates.

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Problems with determining ratio.

Judgements are lengthy: judges say many things and ratio may be buried amongst a mass of other statements. No label of ratio. Judges often have more than one reason for decision and more than one judge.

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Ratio of court and judge

Need to determine between ratio of individual judge and ratio of court as whole.

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Narrow ratios

The more specific fats considered relevant therefore the narrower the ratio.

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Wide ratios

The more general the statement of facts, greater number of subsequent cases which will be 'caught' by principle and therefore the wider the ratio.

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Unlikely ratios

Unlikely in many cases that narrowest and widest statements would actually be ratio.

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Difficulties in Finding the Ratio (a) Very old cases.

Very old cases may state no reason for their decision, and their authority is then weak.

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Difficulties in finding Ratio (b) essential.

Not all the reasons given for a decision are essential. Subsequent cases may help clarify what is considered to be essential for decision.

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Difficulties in finding Ratio (c.i) Subsequent case may decide there was more than one ratio.

A judge may give more than one reason because there are number of points of law at issue.

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Difficulties in finding Ratio (c.ii) More than one judge.

Court is appellate court with more than one judge. Appellate courts such as Supreme Court, the Court of Appeal and appellate section of High Court contain more than one judge.

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Difficulties in finding Ratio (c.iii) Judges reaching same decision.

Judges reaching same decision for different reasons. When no judges deliver similar ratios on any point, later court is permitted to decide there is no discernable ratio and therefore it will not be binding on future courts.

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Legal Method - The Concept of Ratio Decidendi

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