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Define the following terms as used in law. (a) Stare Decisis (b) Ratio Decidendi (c) Obita Dicta

      

Define the following terms as used in law. (a) Stare Decisis (b) Ratio Decidendi (c) Obita Dicta

  

Answers


john
a) Stare Decisis
This literally means let the decision stand.
The decisions made by the higher courts should be followed by the lower courts.
It forms part of the precedent.
b).Ratio Decidendi
This literally means giving reasons.
The judges normally give reasons for the judgments they make.
Reasons could be;
1. To curb or stop the spread of a crime.
2.To serve as an example to others.
3.That is what the law says.
It forms part of the precedent.
c. Obita Dicta.
Literally means by the way.
These are the by the way statements made by the judges in the course of judgement.
They do not form part of the precedent.
john Ochi answered the question on April 12, 2018 at 18:59


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