Question

Ratio decidendi refers to:

• A. Remarks made by a judge without legal effect
• B. The rationale or reason for a court's decision, which is legally binding
• C. A minor detail in a case
• D. A new law made by the court

Answer 1

Answer:

B. The rationale or reason for a court's decision, which is legally binding

ELEMENTS OF JUDGEMENT

1. RATIO DECIDENDI

• Rationale/reason for the decision

• binding

2. OBITER DICTUM

• remarks or observations made by a judge

• persuasive effect

• normal statement that may help one in understanding the circumstances which led to the decision of the court