Principle of straredecisis, ratio decidendi and obiter dicta (faisala stithirata, nirnayadharra aprasangik kathan)

Principle of strare decisis, (faisala stithirata,)

• Stare decisis is Latin for “to stand by things decided.” In short, it is the doctrine of precedent.
• What Is Stare Decisis?
• Stare decisis is a legal doctrine that obligates courts to follow historical cases when making a ruling on a similar case. Stare decisis ensures that cases with similar scenarios and facts are approached in the same way. Simply put, it binds courts to follow legal precedents set by previous decisions.

Cont.…

• Decisions made in previous cases simply form part of the material which a court may take account in reaching its decision. Judicial Precedent will only be binding upon future cases depending on the hierarchy of court. This system of binding precedent is called stare decisis, the nature of judicial precedent. Once a precedent is made, it will remain unchanged until it is overruled by a higher court in a later case.
• Courts cite to stare decisis when an issue has been previously brought to the court and a ruling already issued, stare decisis “promotes the evenhanded(fair or impartial) , predictable, and consistent development of legal principles, fosters reliance on judicial decisions, and contributes to the actual and perceived integrity(completeness) of the judicial process.”

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Cont.….

• A benefit of this rigidity is that a court need not continuously reevaluate the legal underpinnings (basis or support) of past decisions and accepted doctrines. Moreover, proponents(Advocate) argue that the predictability afforded by the doctrine helps clarify constitutional rights for the public.
• • Stare decisis is a legal doctrine that obligates courts to follow historical cases when making a ruling on a similar case.
• • Stare decisis requires that cases follow the precedents of other similar cases in similar jurisdictions.

Cont.…

• The operation of the doctrine of precedent is based on Stare Decisis which is a Latin term meaning that stand by the previous decision.
• The doctrine of precedent refers that the legal decisions made by judges in higher courts are remained as a precedent, so the decisions made by lower or equal courts in future are needed to be followed the earlier decision made in the higher courts.
• It is believed that the doctrine of precedent brings certainty to the legal system.

Ratio decidendi (nirnayadharra)

Ratio or Rationes Decidendi

• The decision or judgement of a judge may fall into two parts: the ratio decidendi (reason for the decision) and obiter dictum (something said by the way).
• RATIO DECIDENDI – The ratio decidendi of a case is the principle of law on which a decision is based. When a judge delivers judgement in a case he outlines the facts which he finds have been proved on the evidence. Then he applies the law to those facts and arrives at a decision, for which he gives the reason (ratio decidendi).

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Cont.…

• The maximum attention of jurists while dealing with the doctrine of precedent is devoted to the enigmatic (mysterious) concept of ratio decidendi. This is because ratio decidendi is the life of this doctrine. Ratio decidendi is, to borrow the words of Prof. Julius Stone, “the link” between generations.
• Ratio decidendi is generally understood as the reasons spelling out the binding principle law in a decision. Although the meaning might be quite simple, the most demanding task is ascertaining the correct ratio decidendi in a case, and maximum space in the discourse on the doctrine of precedent is devoted to this issue.

Cont.…

• The ratio dicidendi means the reason for the decision. It literally means the main reason why judge has come to the decision.
• It would be the rule of law that governs the decision and, it is a general statement that does not involve particular details in each case. It is set for the precedent to apply in the future case decision.
• As an example of the ratio, in the case Donoghue v. Stevenson (1932), a client became ill after drinking spoiled ginger beer which was a dead snail in and sued the manufacturer, the ratio decidendi is to be the part that read ‘a person owes (bear) a duty of care to those who he can reasonably foresee (to see early) will be affected by his actions. The ratio of Donoghue v. Stevenson (1932) subsequently brought major development to the law of negligence.

Cont.…

• The statements outside the ratio dicidendi are called the Obiter Dicta.
• As its meaning, the Obiter Dicta does not state the primary reasoning of the decision, therefore it is not binding for the future decisions.
• Although it is not a part of the precedent, some of the Obiter Dicta can be referred in the future case to make the certain view to the law more persuasive.

Obiter dicta (aaprasangik kathan)

Obiter dicta (aaprasangik kathan) or�Obiter Dictum

• Obiter dictum, Latin phrase meaning “that which is said in passing,” an incidental statement. ... Specifically, in law, it refers to a passage in a judicial opinion which is not necessary for the decision of the case before the court.
• OBITER DICTUM – The judge may go on to speculate (assume) about what his decision would or might have been if the facts of the case had been different. This is an obiter dictum.

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Cont.…

• While deciding on the facts of a case observations not relevant to deciding the case may be made by a judge.
• These observations, although part of the judgment, may not have a bearing on the ultimate outcome of the case. Such observations are called obiter dictum or dicta. Obiter dicta are not considered binding. Nevertheless, resort (resourse) may be sort to them if they are relevant to the principle of law being ascertained.

Cont.…

• The binding part of a judicial decision is the ratio decidendi.
• An obiter dictum is not binding in later cases because it was not strictly relevant to the matter in issue in the original case.
• However, an obiter dictum may be of persuasive (as opposed to binding) authority in later cases.

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Why is obiter dicta important?

• These are vital to the court's decision itself. Obiter dicta are additional observations, remarks, and opinions on other issues made by the judge.
• These often explain the court's rationale in coming to its decision and, while they may offer guidance in similar matters in the future, they are not binding.

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