What is the doctrine of equity?
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What is the doctrine of equity?
The doctrine states that when there is a disagreement over the water use of an interstate stream, the court must fashion an equitable apportionment of the water that serves the needs of water users in both states. …
What is the doctrine of satisfaction?
In theology, the doctrine of satisfaction is the doctrine that the sufferings of Christ are accepted by the divine justice as a substitute for the punishment due for the sins of the world (see Atonement).
How do you plead specific performance?
A complaint for specific performance must allege: (a) the making of a specifically enforceable type of contract, sufficiently certain in its terms; (b) adequate consideration, and a just and reasonable contract; (c) plaintiff’s performance, tender or excuse for nonperformance of the contract; (d) defendant’s breach of ……
What is doctrine of precedent?
The doctrine of precedent is based on the principle of stare decisis, which requires lower courts to take account of and follow the decisions made by the higher courts where the material facts are the same, and states that as a general rule, courts follow earlier decisions of themselves or of other courts of the same ……
What are the key principles of the doctrine of precedent?
The general idea behind the doctrine of precedent is that judges, when they are deciding cases, must pay proper respect to past judicial decisions….
What are the advantages and disadvantages of the doctrine of precedent?
The advantage of the doctrine of precedent is that it provides certainty and predictability. The disadvantage, however, is that stare decisis can result in a lack of flexibility and an inability of the common law to adapt to changing moral, socio- economic, and political realities resulting in a static body of law.
What is the meaning of obiter dicta?
Obiter dictum, Latin phrase meaning “that which is said in passing,” an incidental statement. Specifically, in law, it refers to a passage in a judicial opinion which is not necessary for the decision of the case before the court.
Why is obiter dicta important?
These are vital to the court’s decision itself. Obiter dicta are additional observations, remarks, and opinions on other issues made by the judge. These often explain the court’s rationale in coming to its decision and, while they may offer guidance in similar matters in the future, they are not binding….
What is the difference between obiter dicta and ratio Decidendi?
An obiter dicta is a statement made by a judge in course of his judgement which may not be precisely relevant to the issues before him. The ratio decidendi has binding authority and is binding on subordinate courts. An obiter dicta has no such authority. It is a casual expression by the courts which carries no weight….
Is obiter dictum binding?
Obiter dictum (usually used in the plural, obiter dicta) is the Latin phrase meaning “by the way”, that is, a remark in a judgment that is “said in passing”. For the purposes of judicial precedent, ratio decidendi is binding, whereas obiter dicta are persuasive only.
What is the effect of obiter dictum?
Also known as obiter dictum. It refers to a judge’s comments or observations, in passing, on a matter arising in a case before him which does not require a decision. Obiter remarks are not essential to a decision and do not create binding precedent.
What are the binding effects of an obiter dictum and a dissenting opinion?
ANSWER #1: Obiter dicta and dissenting opinions do not have any binding effect. They are not necessary in the resolution or determination of a case. Obiter dicta are merely side comments which do not resolve the actual issues presented in a particular case.
How do you tell the difference between an obiter and a ratio?
What is obiter? The ratio decidendi (plural: rationes) is the reason for a judge’s decision in a case. The ratio is the judge’s ruling on a point of law, and not just a statement of the law. Obiter dictum (plural: dicta) are legal principles or remarks made by judges that do not affect the outcome of the case….
What does ratio Decidendi mean in law?
Related Content. Literally the “rationale for the decision”. The essential elements of a judgment which create binding precedent, and must therefore be followed by inferior courts, unlike obiter dicta, which do not possess binding authority. Also known as ratio.
