The video covers the doctrine of ratio decidendi. it includes the definition, the law providing for its requirement in a judgement and an illustration of a ratio decidendi in case law.
You are welcome Belinda. We will put this under consideration when we get some gap time. We are currently prioritizing students on private law tutorials.
You must understand that the doctrine of precedent demands that lower courts must follow decisions of upper courts, especially those on all fours! Lower courts can however distinguish such decisions of upper courts from matters presented before them as a way of not following such decisions of higher courts. It is one of the tools employed by lower courts to avoid the strict application of the doctrine of precedent or more so, where a decision of an upper court is held Per in curiam.
@MutyabaConrad Thank you. But is lower court allowed to decide if the judgment of upper court is per incurium in order not to follow it? OR per incurium has to be decided by an upper court?
@@alokekumar4738 Per incuriam means that a judgement was made based on wrong law or in total dis regard of the right law or facts. If a judgement made per incuriam is put before court for purposes of persuading such a judge, the court may disregard it by either distinguishing it from the facts before it or find that such a judgement was made per incuriam and thus not apply it to the facts all together. As such, it is the court in which such judgement is cited that finds it per incuriam after detailed scrutiny. You are welcome.
