Stare Decisis, Ratio Decidendi and Obiter Dicta

Quite a few Latin phrases have become part of the language of English Law. These are three of the more common ones that you will need to remember. 

‘Stare decisis’ means ‘stand by things decided’. This means the legal principle of determining points in litigation according to precedent (i.e. previous rulings).

‘Ratio decidendi’ means the reason for the decision, that is to say the very fundamental point of law that was considered by the judge(s) and as a result of which consideration, and the decision was given. In English Law, there should always be reason!

‘Obiter dicta’ refers to remarks made by the judge “by the way” and which were not basic and essential to the decision.