LAWS 2908 Lecture 2: Ratio Decidendi and Obiter Dicta

• School: Carleton University
• Department: Law
• Course: LAWS 2908
• Professor: Zena Abou- Hammad

Document Summary

Obiter dicta: latin phrase meaning things said by the way . Obiter 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. Judicial opinions on points of law which are not directly relevant to the case in question. Made when a judge chooses to give some indication of how he/she would decide a case similar, but not identical, to case under consideration. These statements are often meant to clarify the legal principle which the judge proposes to apply in his/her judgement. Often take form of analogies, illustrations, point of contrast or conclusions based on hypothetical situations. Ratio decidendi: latin phrase which means the reason for deciding . Ratio means a ruling on a point of law . Judges do not have to differentiate between them in their judgements for many reasons;