LAWS1100 Lecture Notes - Lecture 3: Ratio Decidendi, Purposive Approach, Precedent
Document Summary
Case law the law made by judges. Textbooks, books and journal articles; do not comprise the law itself but explain and expand upon the primary legal materials. The ratio decidendi ( reason for the decision") is that part of a judge"s decision that sets out the legal principle upon which the decision was based, and which is binding precedent. Specific rules purposive approach context rule class rule inclusions and exclusions give each to each general and specific earlier and later. Literal rule always begin by reading a legal text literally, with words and phrases given their ordinary and natural meanings. Golden rule if reading a text literally leads to an absurd result, modify the literal meaning to avoid the absurdity. Purposive approach if reading the text literally doesn"t reveal the meaning of the text, refer to the apparent purpose of the author.
