Results 151 to 160 of about 16,768 (174)

Ratio Decidendi and Obiter Dictum

1991
Abstract According to the preliminary statement of the English rules of precedent contained in the last chapter, every court is bound to follow any case decided by a court above it in the hierarchy, and appellate courts (other than the House of Lords) are bound by their previous decisions. This statement is too concise because it does
Rupert Cross, J W Harris
openaire   +1 more source

From Case Law to Ratio Decidendi

2018
This paper is concerned with the task of automatically identifying legally binding principles, known as ratio decidendi or just ratio, from transcripts of court judgements, also called case law or just cases. After briefly reviewing the relevant definitions and previous work in the area, we present a novel system for automatically extracting ratio from
Valvoda, Josef, Ray, Oliver
openaire   +2 more sources

A computational model of ratio decidendi

Artificial Intelligence and Law, 1994
This paper proposes a model ofratio decidendi as a justification structure consisting of a series of reasoning steps, some of which relate abstract predicates to other abstract predicates and some of which relate abstract predicates to specific facts.
openaire   +1 more source

Ratio Decidendi and Obiter Dictum

1993
Although the doctrine of binding precedent states that all courts bind all lower courts and some courts also bind themselves, it would be wrong to conclude that everything contained in a decision is of equal weight. The traditional view is that we have to differentiate between the ratio decidendi of a judgement, which will be the binding part, and the ...
openaire   +1 more source

A reduction-graph model of ratio decidendi

Proceedings of the fourth international conference on Artificial intelligence and law - ICAIL '93, 1993
This paper proposes a model of ration decidendi as a justification structure consisting of a series of reasoning steps, some of which relate abstract predicates to other abstract predicates and some of which relate abstract predicates to specific facts.
openaire   +1 more source

6. How Precedent Operates: Ratio Decidendi and Obiter Dictum

2022
The aim of this chapter is to emphasise that legal analysis is not just a question of comparing facts or using a set of balancing scales to see if the facts weigh about the same. The situation is often much more complicated than that. This chapter discusses the following: the development of case law and why cases may be distinguished as well as applied
James Holland, Julian Webb
openaire   +1 more source

A Formal Model of Ratio Decidendi

2000
Any complete account of legal analysis using precedents must include a model of ratio decidendi, the content of a precedent that is authoritative as to subsequent cases. Predicting, advocating, and justifying the binding effect of a precedent on subsequent cases all require identifying the authoritative elements of the precedent and showing how they ...
openaire   +1 more source

7. How Precedent Operates: Ratio Decidendi and Obiter Dictum

2013
The aim of this chapter is to emphasise that legal analysis is not just a question of comparing facts or using a set of balancing scales to see if the facts weigh about the same. The situation is often much more complicated than that. This chapter discusses the following: the development of case law and why cases may be distinguished as well as applied
James Holland, Julian Webb
openaire   +1 more source

Ratio decidendi. Guiding Principles of Judicial Decisions

2010
This collection of essays is concerned with the subject of ratio decidendi, which is a technical legal term of art in Anglo-American jurisprudence. Ratio decidendi is the reason of the judge in coming to a judicial decision in a lawsuit presented to the court by the litigants for an official reason.These essays are concerned with the incorporation of ...
Dauchy, Serge, Bryson, Hamilton, Mirow, Matthew   +2 more
openaire   +1 more source