Trusted since 2008
LoginRegister
Study resources on Kenyaplex

Get ready-made curriculum aligned revision materials

Exam papers, notes, holiday assignments and topical questions – all aligned to the Kenyan curriculum.

Browse exam papers
Or go directly to:
Class notes Holiday assignments Topical questions Other resources

Define the following terms as used in law. (a) Stare Decisis (b) Ratio Decidendi (c) Obita Dicta

Define the following terms as used in law. (a) Stare Decisis (b) Ratio Decidendi (c) Obita Dicta

Answers

john
a) Stare Decisis
This literally means let the decision stand.
The decisions made by the higher courts should be followed by the lower courts.
It forms part of the precedent.
b).Ratio Decidendi
This literally means giving reasons.
The judges normally give reasons for the judgments they make.
Reasons could be;
1. To curb or stop the spread of a crime.
2.To serve as an example to others.
3.That is what the law says.
It forms part of the precedent.
c. Obita Dicta.
Literally means by the way.
These are the by the way statements made by the judges in the course of judgement.
They do not form part of the precedent.
john Ochi answered the question on April 12, 2018 at 18:59

Answer Attachments

Next: Identify styles used in the novel Blossoms of the Savannah

Previous: What is the difference between the Crop and Hand tools in PageMaker?

View more Law Questions and Answers  |  Return to Questions Index

Exams With Marking Schemes

Related Questions