The question (15 marks)
What is the ratio decidendi of a case, and how is it to be found? Distinguish it from obiter dictum and state the circumstances which destroy the binding force of a precedent. (15 marks)
MU Module 2, heads on precedent, ratio decidendi and obiter dicta.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 2 · Sources of Law of Jurisprudence / Legal Theory.
Authorities you will need
- Goodhart, on the material facts as seen by the judge
- Wambaugh's inversion test, with Rupert Cross's criticism
- Lord Halsbury in Quinn v Leathem
- State of Orissa v Sudhanshu Shekhar Mishra; A.R. Antulay v R.S. Nayak; Arnit Das v State of Bihar
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.