ratio decidendi การใช้

• He summarised the " ratio decidendi " of the case thus:
• The ruling does not contain a ratio decidendi in the style of common-law jurisdictions.
• In general, court decisions of common law jurisdictions give a sufficient " ratio decidendi " as to guide future courts.
• He rarely recorded his " ratio decidendi " but, despite this, few of his decisions were overturned on appeal.
• A judicial statement can be " ratio decidendi " only if it refers to the crucial facts and law of the case.
• The opinion there expressed was obiter,  of weight, no doubt; but not of the same weight it would have been had it been the ratio decidendi.
• The ratio decidendi is that a tortfeasor is liable for negligent damage, even when the claimant had a predisposition that made that damage more severe than it otherwise would have been.
• "Ratio decidendi " also involves the "'holding "'of a particular case, thereby allowing future cases to build upon such cases by citing precedent.
• His tenure as Chief Justice was also characterised by a large number of joint judgments, and a relatively frequent number of judgments that clearly and plainly provide the Court's ratio decidendi.
• Because of this, " ratio decidendi " is carried out by legal academics ( doctrinal writers ) who provide the explanations that in common law jurisdictions would be provided by the judges themselves.
• The difficulty in determining the " ratio decidendi " that " Egan " established is illustrated by the case " Re Rosenberg et al . v . Attorney General of Canada ".
• The process of determining the " ratio decidendi " is a correctly thought analysis of what the court actually decided essentially, based on the legal points about which the parties in the case actually fought.
• Hood called for precedence by way of ratio decidendi to change " pathetic " sentences for " very serious crimes ", ranging from rape to arson, and increase rights for the disabled, including the blind.
• Whatever the technical legal " ratio decidendi " of the case, the public at large widely understood the Somerset case to mean that, on English soil at least, no man was a slave.
• In other civil law jurisdictions, such as the German-speaking countries, " ratio decidendi " tend to be much more developed than in France, and courts will frequently cite previous cases and doctrinal writers.
• With regard to the marital rape exemption, Lord Keith agreed with the Court of Appeal that the marital rape exemption was a " Lord Lowry all unanimously agreed with Lord Keith's " ratio decidendi ".
• As a result, there was no clear ratio decidendi in the case; at best, a majority of the court might hold that s51 ( xxix ) would support legislation implementing treaties with subject-matter of'international concern '.
• The above quoted language in " Stanton v . Baltic Mining Co . " is not a holding of law in the case . ( Compare Ratio decidendi, Precedent, Stare decisis and Obiter dictum for a fuller explanation .)
• By contrast, court decisions in some civil law jurisdictions ( most prominently France ) tend to be extremely brief, mentioning only the relevant legislation and codal provisions and not going into the " ratio decidendi " in any great detail.
• For example, the judicial decision in " Thornton v Howe " held that a void, rather than imbuing it with special privileges in relation to taxation, it puts a very different spin on the " ratio decidendi ".