Ratio (1 Viewer)

[Angel45]

Okay I suck at examples but here goes:

Say u had case whether the applicatant was applying for I dunno, permission to stop kids eating icecream for dinner every night and the thing was, that'd be ruled fine so long as they could prove it's shown to be unhealthy:

okay so the judge decides to dismiss the application right...icecream every night for the kiddies!

is the ratio of the case why they can eat ice-cream every night- ie. the ratio would be "ice cream is healthy and kids 4eva more can eat it every night" OR it is WHY the court decides it's healthy and thus foreva more kids can eat ice cream every night?

where will u find the ratio?

reasons --> healthy--> application dismissed

which is the ratio, in other words, what's the ratio for the decision?
is it somewhere in the "reasons" bit (perhaps icecream makes u happy) or the "healthy" bit (i.e. statement that icecream is healthy).


Any enlightenment would be gr8! Ta.

 

[LaraB]

Okay I suck at examples but here goes:

Say u had case whether the applicatant was applying for I dunno, permission to stop kids eating icecream for dinner every night and the thing was, that'd be ruled fine so long as they could prove it's shown to be unhealthy:

okay so the judge decides to dismiss the application right...icecream every night for the kiddies!

is the ratio of the case why they can eat ice-cream every night- ie. the ratio would be "ice cream is healthy and kids 4eva more can eat it every night" OR it is WHY the court decides it's healthy and thus foreva more kids can eat ice cream every night?

where will u find the ratio?

reasons --> healthy--> application dismissed

which is the ratio, in other words, what's the ratio for the decision?
is it somewhere in the "reasons" bit (perhaps icecream makes u happy) or the "healthy" bit (i.e. statement that icecream is healthy).


Any enlightenment would be gr8! Ta.

just a generic answer - ratio is the decision decided by the court in reference to the legal issues at question

so if the legal question was whether the ice cream was healthy and thus kids would be allowed to eat it, the ratio would be that icecream under law is healthy and thus kida can eat it - remember ratio isnt just stuff the judge decides - it has to be in reference to the issue the court was requested to consider. All else is obiter

 

[Jonathan A]

Okay I suck at examples but here goes:

Say u had case whether the applicatant was applying for I dunno, permission to stop kids eating icecream for dinner every night and the thing was, that'd be ruled fine so long as they could prove it's shown to be unhealthy:

okay so the judge decides to dismiss the application right...icecream every night for the kiddies!

is the ratio of the case why they can eat ice-cream every night- ie. the ratio would be "ice cream is healthy and kids 4eva more can eat it every night" OR it is WHY the court decides it's healthy and thus foreva more kids can eat ice cream every night?

where will u find the ratio?

reasons --> healthy--> application dismissed

which is the ratio, in other words, what's the ratio for the decision?
is it somewhere in the "reasons" bit (perhaps icecream makes u happy) or the "healthy" bit (i.e. statement that icecream is healthy).


Any enlightenment would be gr8! Ta.

I think LaraB has given a good statement here.

Issues are brought before court, the answers to those issues and the laws and reasoning are the ratio.

 

[Demandred]

Just wondering, how on earth do you find the obiter dictum in the case note? According to the texts and the legal dictionary, its basically passing remarks or personal opinion. We do we just pick any?

 

[Jonathan A]

Just wondering, how on earth do you find the obiter dictum in the case note? According to the texts and the legal dictionary, its basically passing remarks or personal opinion. We do we just pick any?

Good question, about three quarters of each judgement is obiter, but we are merely required to summarise in our own words what it is. That part isn't too long.

 

[Angel45]

So do we pick 'phrases' from each judgement which are "passing statements" and like list 'em?

Or what the general obiter comment is.

 

[Jonathan A]

So do we pick 'phrases' from each judgement which are "passing statements" and like list 'em?

Or what the general obiter comment is.

Has to be in our own words. Seeing as this is a case note, the structure tends to be less formal, it's not an essay. If you speak to many law students, a case note is used to explore what the case is about.

Generally, some judges will have common ground, you simply reference where they are making these statements.