| If the Court refuses that, there are some interesting arguments about how one determines ratio decidendi. |
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| You must then deal fully with the ratio decidendi of the case, with a detailed analysis of Lord Templeman's judgment on behalf of the majority. |
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| Courts are bound by principles of law, the ratio decidendi of cases. |
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| He rarely recorded his ratio decidendi but, despite this, few of his decisions were overturned on appeal. |
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| Request aimed at revision of ratio decidendi of decision of remitting board rejected as inadmissible. |
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| It was saying no more than the particular factors underlying the ratio decidendi of Status of Eastern Carelia were not present. |
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| I do not find it easy to discover the ratio decidendi of Pook's case. |
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| On remittal the first instance is bound by the ratio decidendi of its own decision. |
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| In any case, use of new evidence would have been illegal, and thus the Court could not have taken it into consideration for its deliberations and ratio decidendi. |
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| This applied the ratio decidendi in R v O' Grady for murder and R v Majewski for manslaughter. |
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| Rather than proceeding from the ratio decidendi of previous judicial decisions, the emphasis in the civil law tradition is on the written, or codified law, which is the primary source of law. |
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| The statement by Coke is sometimes considered to be obiter dicta, rather than part of the ratio decidendi of the case. |
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| If the Board of Appeal remits the case for further prosecution to the department whose decision was appealed, that department shall be bound by the ratio decidendi of the Board of Appeal, in so far as the facts are the same. |
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| In general, court decisions of common law jurisdictions give a sufficient ratio decidendi as to guide future courts. |
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| Although the idea of the ratio decidendi is a staple of legal practice, it is notable that it is a construct from a precedent rather than an explicit feature of most legal judgments. |
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| The ratio decidendi of the case was based on narrower technical grounds. |
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| The ratio decidendi is one of the most powerful tools available to a lawyer. |
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| Despite the fact that a Privy Council ratio decidendi is only persuasive authority, the Court of Appeal applied it and reinstated the law before Smith. |
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| In other words, ratio decidendi is a legal rule derived from, and consistent with, those parts of legal reasoning within a judgment on which the outcome of the case depends. |
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| Ratio decidendi also involves the holding of a particular case, thereby allowing future cases to build upon such cases by citing precedent. |
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