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DT Legal Japan
In favour of this interpretation of precedent is the distinction drawn in legal follow between what is known as the ”˜ratiodecidendi”™ of a case and ”˜obiter dicta”™. Obiter dicta, against this, represent other statements and views expressed within the judgment which aren’t binding on later courts. On this view of precedent, the rule laid down within the earlier case is represented by the ratio. It ought to be famous that the modern Common Law endorses a particularly robust version of stare decisis, one which requires later courts to comply with earlier decisions even if these instances have been wrongly decided according to the pre-existing law. It is commonly assumed by …
