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Tag: Descriptive Ratio

Ratio Decidendi

“The point in a case that determines the judgement” or “the principle that the case proves” is known as the ratio decidendi. Ratio Decindi is a legal principle that is drawn from and consistent with the legal arguments made in a decision that determine the case’s conclusion. In an ordinary sense, we refer to as ratio the reason behind the decision but actually, it is much more than that.

  • The reason in this regard is not merely applying the law to the facts and coming up with an order.
  • Ratio instead refers to the steps that are involved to resolve a dispute, this resolution must be directly related to the issue or issues that are at the core of the dispute at hand.
  • It must come from disputes of law, not disputes of fact.
  • Ratio Decidendi must be argued in court and the facts of the precedent case shape the level of generality to which the later courts decide the level of generality.
  • Ironically when a precedent has multiple reasons, all reasons are binding.
  • Ratio becomes a very powerful tool in the hands of a lawyer and that is why it becomes essential for him to comprehend it well.
  • To find the ratio in a judgement one looks at the abstract principles of law that have been applied to the facts of that particular case

Descriptive Ratio

The reasoning or logic that helped the court get to a decision is known as the descriptive ratio. It will be helpful in upcoming instances and is the original ratio.

In order to be used as a prescriptive ratio, the descriptive ratio is therefore somewhat altered by using the level of generality.

Prescriptive Ratio

The descriptive ratio is applied as a model in a subsequent situation using the prescriptive ratio. In terms of the law or the facts, no two instances are ever same.

As a result, there is a problem when the theory is used as it is explained in a later example.

Rules of Ratio Decidendi

Ratio decidendi can be determined in two ways. The traditional method is the first, while the inversion test is the second.

The conventional method specifies particular guidelines that must be adhered to in order to understand what makes up the ratio in any given judgement.

The following are the guidelines:

The ratio decidendi must be the result of a legal dispute.

The component must be required for determining list.

It must have been debated and decided after careful deliberation.

What is the importance of Ratio Decidendi?

Ratio decidendi is significant in legal precedents since it is the legal standard that supports the decision in a particular case.

As a result, it is regarded as the most important part of a judge’s address and sets the legal precedent for subsequent cases.

Case law, usually referred to as judicial precedent, has been and is now a key source of law.

Judges will be able to follow precedents established in earlier instances. Original, binding, and widespread precedents are the three different categories.