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Survive Law - How to Find the Ratio Decidendi

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HOME // BLOG // STUDY // HOW TO FIND THE RATIO DECIDENDI

09

APR
2014

HOW TO FIND THE RATIO DECIDENDI

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Finding the ratio decidendi of a case has to

be one of the trickiest skills to master at law
school. Lecturers explain that ratio is the
rationale for the decision, but when youre at
home trying to write a case note, it can feel
like ratio decidendi is really Latin for good
luck with that.
Here are some tips for tracking down that
elusive ratio

1. LOOK AT YOUR SUBJECT OUTLINE, READING LIST OR CASE LIST

Take a peek at the topic headings, cases and journal articles listed above and
below the case youre about to read. Doing this before you start reading the
case will help to provide some context for your search for the ratio and help
you to avoid getting sidetracked by all that obiter.

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2. READ THE HEADNOTE

Chief Justice Gleeson once said that, There are some cases where people
who write headnotes deserve a medal, and he was right. When you start
reading the judgment, begin with the headnote this will highlight the key
issues or legal principles considered by the case.

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3. READ THE WHOLE CASE

The ratio normally appears towards the end of a judgment, but unfortunately
you cant just skip to the end. Its a bit like watching a mystery show; its
harder to find the answer when you jump in part way through, so youll have to
read the case in full.

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In its most basic format, a judgment starts by outlining the facts of the case,
before considering the legal arguments presented to the court, and then
making the decision.
The ratio wont be in the summary of the facts at the beginning but you do
need to read the facts as the courts decision on how the law applies may rest
on some of the parties circumstances. The courts analysis of the legal
arguments is also essential reading, although the ratio will probably be located
at the end of the legal analysis, just before the court makes its finding that the
defendant is guilty, or the defendant was negligent, etc.

4. FOCUS ON KEY FACTS AND ARGUMENTS

To help you find the ratio, when youre reading the judgment, focus your
attention on the precedents or legal principles the court discusses at length,
and the facts of the case that the judges emphasise.

5. THE AHA! MOMENT

The ratio is essentially the reason why the court reached a particular decision.
The outcome of the case therefore depends on the ratio decidendi, so if you
read something that makes you think you know which party is going to win (or
lose) you may be in ratio territory. Going back to the crime show example, its
a bit like watching a murder mystery and having a hunch as to whodunnit.

6. DEALING WITH MULTIPLE JUDGMENTS

If youve got a High Court decision where some of the judges have written a
separate opinion, you know that the ratio wont be lurking in the dissenting
judgment, instead look for the ratio in the majority decision.
But if each judge wrote a separate decision, your hunt for the ratio probably

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23/2/2015

Survive Law - How to Find the Ratio Decidendi

just got even trickier. If many of the judges agreed or were close enough in
their view of the key legal principle(s), you may be able to distill a ratio, or at
least a sort-of ratio if there were some small differences in opinion. If the
majority agrees on the outcome of the case but took completely different
views of the law to get there, you might not be able to find a ratio.

7. DONT PANIC IF YOU CANT FIND THE RATIO

Its okay if you cant find the ratio; lots of law students, and even lawyers and
lecturers can have difficulty with this, particularly in older cases where the
ratio is sometimes hard to distinguish from the obiter.
If you find yourself in this situation, look the case up in your textbook,
casebook or lecture slides theres a very good chance that the ratio
decidendi will be explained, if not actually quoted, in the case summary. Even
if you think youve found the ratio, this can be a good way to confirm that your
approach is working.
Got a tip for tracking down the ratio? Share it below!

FROM THE ARCHIVES: This story was first published on Survive Law on 23
September 2013.

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Emiley Mulunga
think law, think again
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1 July 25, 2014 at 6:37am

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