In judicial reasoning, what is ratio decidendi?
Correct answer: A. The legal principle necessary for deciding the case
- A. The legal principle necessary for deciding the case
- B. A judge's personal opinion about an unrelated issue
- C. A statement made by a witness during the proceedings
- D. A comment that has no effect on the decision
Explanation
Ratio decidendi is the legal reasoning or principle necessary for the court's decision and may provide a binding precedent. An obiter dictum is an additional judicial observation that is generally persuasive rather than binding.
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Jurisprudence examines the nature, purpose and sources of law through the ideas of justice, rights, duties, sovereignty, liability and legal personality. It compares natural law, analytical positivism, historical, sociological and realist approaches, and considers how courts interpret legal rules, distinguish law from morality and resolve conflicts between competing principles.
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