On the other hand in delivering the ratio decidendi

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On the other hand, in delivering theratio decidendi, judges may makeobiter dicta,whichin Latinmeans ‘by the way’, which are remarks made by judges ‘in passing’.Whereasratio decidendiarebinding,obiter dictaare persuasive only.Akin toobiteris the concept ofsemble("it seems"). InSimpkins v Pays[1955] 1 WLR 975,11agrandmother, granddaughter and a lodger entered into weekly competitions in a Sunday newspaper.Each week, all three women together made a forecast and each contributed to the cost of entry; but itwas the grandmother's name that was on the coupon. The grandmother subsequently won £750 inprize money and refused to share it with the other two. The lodger successfully sued for one third ofthe prize money; but Sellers J addedsemblethat the granddaughter should also get £250, eventhough she had not been a party to the action in that she took no part in suing her grandmother.HOW TO READ CASE LAWA case on its own is not very informative. The question you should ask yourself is: what does thiscase add to what I already know about the law in this area? The process of case reading is aspiralling process which means that every time you go back and read the case you find more.Therefore you should never think your brief of a case is final.The art of reading case law is one of the most significant common-law lawyerly skills. The Universityof New South Wales suggests that students should read case law in accordance with the followingsequence:12ONE WAY TO BRIEF A CASE.1.Readit all through without writing anything down.2.Now read it again.3.Write the citation:Write the case name and citation accurately. Make sure you have thename of the court and the date. Also add your text reference or reference in your notes soyou can find it again.4.Facts of the case:You should leave this blank or merely sketched in at this stage and comeback to it. The material facts can only be established once you are clear about the issues inthe case.5.Remedy sought:What did the plaintiff/applicant/appellant want?6.Prior proceedings:What happened in the court(s) or tribunals below, if any?1112
LML 6001-3 LEGAL REASONING AND STATUTORY INTERPRETATION2018 SEMESTER 2157.Arguments of the parties:Establishing the arguments will help you decide what the legalissue is.8.Grounds of appeal:This may have been established by the arguments. This is anotherindicator of the legal issues.9.Issue:What is the legal issue which the court has to decide?10.Outcome or decision:Who won the case? Was the appeal allowed or denied?11.Legal Reasoning:The process of reasoning used by the judges to come to their decision.

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Term
Two
Professor
NoProfessor
Tags
Law, Common Law, Precedent, Parliament

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