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Question

Which of the following has the binding effect as a precedent under Law ?

The correct answer is
Ratio Decidendi

Understanding Binding Precedent in Law

The question asks to identify which element of a court ruling functions as a binding precedent under the law. A binding precedent is a legal rule or principle that must be followed by lower courts in future cases with similar facts.

Key Legal Concepts

In common law systems, judicial decisions establish precedents. The main components of a judgment are:

  • Ratio Decidendi: This translates to "the reason for the decision." It is the legal principle or the core reasoning upon which the court's final judgment is based. The Ratio Decidendi is binding on lower courts.
  • Obiter Dictum: This translates to "said by the way." These are remarks or observations made by the judge that are incidental to the main decision and not essential for the final outcome. While Obiter Dictum can be persuasive, it is not legally binding on subsequent courts.
  • Locus Classicus: This term refers to a definitive or classic work or case that is highly regarded or authoritative on a specific legal subject. It signifies importance but doesn't inherently mean it's a binding precedent itself.

Determining the Binding Effect

The Ratio Decidendi is the crucial part of a judgment that creates a binding precedent. Lower courts are obligated to follow the legal principles established in the Ratio Decidendi of higher courts within the same jurisdiction when faced with similar legal issues.

Therefore, Ratio Decidendi has the binding effect as a precedent under Law.

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