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Distinguishing between Ratio and Obiter (1 Viewer)

ToodleOoh

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Okay so this stuff kinda confuses me. I get the basic difference between the two, but when trying to locate them in a case I just fail.

Can someone who knows about this please explain it and maybe give me some examples so I can understand it better? Thanks! =)
 

dste6

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It normally just takes practice. Some tips are:

Employ the IRAC model: your ratio will normal consist of R (the Rule of law) and A (Application of the facts to that rule). So read through the case, and whenever you hit a sentence(s) that sound as if the judge is stating a rule of law (eg a test), that is a good starting point fo ratio. Continue on, where you see that the judge starts analysing the facts of that particular case and applying them to the rule, that can also be ratio.

Also, before you read the case out of the casebook, pick up a corresponding textbook on that unit. There will normally be an explanation of that topic and that very case, in plain English, in the textbook. This will make it easier for you to identify the ratio within the judgement, because you know what your looking for already.

Mind you, its rarely ever clear cut so don't get frustrated if you don't spot it right away. Occasionally remind yourself that your finding judgements hard to read because they ARE actually hard to read for everyone. Judgements rarely have good structure, and are rarely written like anything else that we read, academic or otherwise. Sometimes I wonder whether judges actually learnt sentence structure and punctuation while in school :haha:
 

melsc

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This sort of thing takes time. The points above a very useful.

Here's a quick tip, look at the facts/law in issue. If the judge starts talking about things that aren't related to those points, odds are its obiter.

If they lay down a test or criteria is going to be ratio.

Keep in mind disenting judgements are also non binding.

Good luck :)
 

ToodleOoh

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Hi guys. Thanks a lot for the replies. I think I understand it better now. :)
 

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