Law Assignment 02 160309

EXPLAIN THE FOLLOWING LEGAL TERMS AND DISCUSSTHEIR SIGNIFICANCE IN THE DEVELOPMENT OF LAW: 1) RATIO DECIDENDI 2)OBITER DICTA 3)DISTINGUISHING

Ratio Decidendi? The term Ratio Decidendi is a Latin phrase which means the "the reason for deciding". What exactly does this mean? In simple terms, a Ratio is a ruling on a point of law. However, exactly what point of law has been decided,depends on the facts of the case. Goodhart A L (1891–1978) pointed out long ago in the 1930s that, the Ratio is in pratical terms inseparable from the material facts. Goodhart observed that ” it is by his choice of material facts that the judge creates law". By this Goodhart meant that the court's decision as to which facts are material or non-material is highly subjective, yet it is this inital decision which determines a higher or lower level of generality for the ratio. It must be said that Goodhart's reformulation of the concept of the ratio was the subject of heated debate, particularly in the 1950s. •

A ratio decidendi is not an abstract principle, to be applied in a deductive fashion to a later case. Instead the ratio is a ruling on a point of law in relation to a specific case.

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Only the ratio binds an inferior court. Cases themselves do not bind.

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If the court is not required to make a ruling on a point of law, its decision will not give rise to a ratio.

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There is no requirement for each judgement to contain a single ratio and no more. Multiple rationes are quite normal.

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Not every statement of law contained in a decision is necessarily ratio or obiter. A judge may refer to a principle only to express his or her disagreement or for the sake of completeness. For a statement of law to be ratio or obiter, the judge must express his or her explicit agreement with the principle.

The ratio decendi is one of the most powerful tools available to a lawyer.With a proper understanding of the ratio of a precedent, the advocate can in effect force a lower court to come to a decision which that court may be unwilling to make, considering the facts of the case. The search for the rationale of a case is akin to a process of mindreading; one searches the judgement for the abstract principles of law which have led to the decision and which have been applied to the facts before the court.As an example, the ratio in Donoghue v Steveson would be that a person owes a duty of care to those who he can reasonably foresee will be affected by his actions. In finding the ratio, it is often useful to consider the way in which judgements are written. Although there is no standard model, they often follow a broad pattern. In most cases, the judgement is divided into three sections: •

the facts agreed or proven

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the range of applicable legal principles

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the application of the appropriate principle to the facts

Significance of Ratio Decidendi 1) Consistency: This refers to the fact that like cases will be treated alike and are not subjected to the whims and fancies of individual judges.

EXPLAIN THE FOLLOWING LEGAL TERMS AND DISCUSSTHEIR SIGNIFICANCE IN THE DEVELOPMENT OF LAW: 1) RATIO DECIDENDI 2)OBITER DICTA 3)DISTINGUISHING 2) Certainty: Because decided cases are binding, lawyers and their clients are able to

3) 4) 5)

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predict what the outcome of a particular legal question is likely to be in the light of previous judicial decisions. When one legal rule has been established in one case, individuals orientate their behavior with regard to that rule, relatively secure in the knowledge that it will not be changed by a lower court. Efficiency: Cases to some extent are predictable and save time of the judiciary, lawyers and their clients because cases do not have to be reargued, As such would be much less costly for the parties to the dispute or for the prosecution and defendants. The law can be extended to meet new circumstances and the changing needs of society, thus effectively creating new law. There is a greater wealth of detailed rules than would be possible under a codified system. The rules are essentially practical since they are the product of difficulties and problems which have actually arisen

Obiter Dicta? Obiter Dicta is a Latin phrase meaning "things said by the way". Obita dicta are not binding (unlike the ratio), but they may be regarded as persuasive in a future decision. The weight given to dicta usually depends on the seniority of the court and the eminence of the judge in question. Obiter dicta are judicial opinions on points of law which are not directly relevant to the case in question. They are made when a judge chooses to give some indication of how he or she would decide a case similar, but not identical, to a case under consideration. These statements are often meant to clarify the legal principle which the judge proposes to apply in his or her judgement. For this reason, obiter dicta often take the form of analogies, illustrations, points of contrast or conclusions based on hypothetical situations. Obiter dicta in one case might be adopted as ratio decidendi in subsequent cases. This occurs when a situation regarded as hypothetical by one judge arises in a subsequent case. Distinguishing between ratio and obiter is not always simple. When questioned regarding the difference between ratio and obiter, Lord Asquith once remarked that: "The rule is quite simple: If you agree with the other bloke you say it is part of the ratio; if you don't you say it is obiter dictum, with the implication that he is a congenial idiot". Although intended humorously, this remark has a good measure of truth Significance of obiter dicta in the development of law; 1)It becomes a persuasive statement for later cases of trial since judges may quote it in their judgement. 2) It allows the judge an opportunity to express his/her decision/opinion besides the court’s decision.

Distinguishing? In law, to distinguish a case means to differentiate the facts of the case before the court from the facts of a case of precedent where there is an apparent similarity. By successfully distinguishing a case, the holding or legal reasoning of the earlier case will either not apply or will be limited. Whether a case is successfully distinguished often looks to whether the distinguished facts are material to the matter.

EXPLAIN THE FOLLOWING LEGAL TERMS AND DISCUSSTHEIR SIGNIFICANCE IN THE DEVELOPMENT OF LAW: 1) RATIO DECIDENDI 2)OBITER DICTA 3)DISTINGUISHING

For example Balfour v Balfour (1919) and Merrit v Merrit (1971), involve a wife making a claim against her husband for breach of contract. The judge in Balfour decided that a claim could not be made because there was no intention to create legal regulations, there was no legally binding contract. However in Merrit v Merrit, the judge decided that the facts of this case was sufficiently different in that, whilst the parties were husband and wife, the agreement was made after they had separated, in writing, thus distinguishing the case from Balfour

Significance of Distinguishing in the development of law; 1) It helps to keep judicial precedent and the law flexible 2) Also it helps in developing the law to meet the changing needs of society. 3) Another advantage according to the act of establishment is its clarity. 4) It leads to fairness or proper application of justice. 5) It helps to avoid stereotyping in adjudication which may cause precedence to be wrongly applied.

GROUP 3 1) PAULINA NAA DEI ASHIE

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2) APONJOLOSUN MOSES OLATUNDE BPS0002211 3) APPIAH NKRUMAH EDWARD BPS0003811 4) AWUAH BENJAMIN 5) AMEGALI KODZO AYEKE BPS0004911 6) BENNIN ISSAHAKU 7) BANKAS ERICK

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