Principle

APPELLATE PRACTICE – Obiter dicta in previous decisions and stare decisis – Distinction Between Ratio Decidendi and Obiter Dicta in Precedent

Area of law
APPELLATE PRACTICE
Court
Supreme Court

Obiter dicta are observations not necessary for the decision. They are not binding as precedent. The ratio decidendi is the principle necessary to decide the case. The principle applies to all judgments. The court must distinguish between ratio and obiter. Obiter may be persuasive but…

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