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Ratio Decidendi

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misskaraleah:
Does anyone know any clever way of writing a ratio decidendi for a particular case.
With SAC 3 - which i saw for the first time today- states we have to right a possible ratio decidendi for cases related to manslaughter.

Any hints?

costargh:
What do you mean? Do you have to make up a ratio decidendi? Is it hypothetical?
Or do they give you an article? If they give you an article with quotes from the judge you have to go through the article and see what the reasons for the judges decision were.
But... isn't manslaughter before a jury?

misskaraleah:
We are given a case and yes the ratio decidendi is hypothetical. Its for Outcome 3 and in relation to Doctrine of Precedent. So in other words, we are creating precedent. I suppose murder is before jury, manslaughter... yes, sorry im confused.

costargh:
Sorry, from memory ratio decidendi is the judge's "reason for the decision". Key word: judges

So if manslaughter is before a jury, which I thought was the case (its heard in the County Court yes?) then wouldnt the judge merely be presiding over the court but not actually making the decision? (thats the jurys job).

Only thing I can think of is if this case was being heard on appeal which would be in front of a judge/judges which would then allow for a ratio decidendi to occur

misskaraleah:
Yeah thats right, however our teacher wants us to write our own possible ratio decidendi for the case. So i guess hypothetically. He has provided us with two newspaper articles, yet no quotes from judges. We just have to decide our own ratio decidendi fromt he facts given

From memory, ones regarding a man charged with manslaughter after his dog killed a woman.

Im just concerned about the 'wording' of the ratio decidendi, because it has to be vague.

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