LAWS 2908 Lecture Notes - Lecture 3: Ratio Decidendi, Michael Kirby (Judge), Application-Layer Protocol Negotiation
18 Feb 2017
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Document Summary
The front matter or file information along with research and indexing tools: citation, names of the parties. Legal categories of parties: court, level of court, names of the judge(s, date of the hearing and decision, catchwords, headnote. No universal pattern and there are differences (by court level) and fashions of the times. Opening can by snappy or wordy (usual) structure of the text . If an appeal, decisions of lower courts (procedural history: statement of the legal issues, statement of the governing law and principles, discussion of law/principles in relation to facts on each issue, statement of decision, order (remedies) that follows. Judges complex & multi-faceted roles; deliberative; transparent. Ratio decidendi: a latin phrase which means the reason for deciding ; a ratio is a ruling on a point of law (alpn) Goodhart ratio is inseparable from the material facts .
