CIMA BA4 · Chapter 9 · Question 3 of 10
Under English law, which part of a judgment creates a binding precedent for lower courts?
Test yourself: pick an answer
Reveal answer & explanation
Correct answer: D) The ratio decidendi
Explanation
The ratio decidendi is the legal reasoning necessary for the decision and is binding on lower courts in later cases with similar material facts. Obiter dicta are things said by the way and are only persuasive. Dissenting judgments and headnotes are not binding.
More General principles of law: legal systems and sources of law MCQs
- Q5A judge interprets a statute by looking at what problem the Act was intended to remedy and interpreting it to address that problem. Which…
- Q6Which of the following is an advantage of judicial precedent as a source of law?
- Q7Why was equity developed in English law?
- Q8Under English law, which statement about the relationship between common law and equity is correct?
- Q9Under English law, which of the following statements about the hierarchy of the courts and precedent is correct?
