judepev --
The Latin phrase you have in mind is "ratio decidendi." Its literal
meaning is "reason for deciding." It is typically the term used to
describe the specific rationale for a court's decision, as opposed to
other statements of the court that are not necessary for its decision
(which are known as "obiter dicta").
Here is a somewhat more detailed definition of the term in laymen's
terms, from an orientation document for new students at Emory U. law
school:
"The fancy Latin phrase for ?holding? is ratio decidendi, which
translates roughly to the ground or reason of decision.
"It is a common misunderstanding to think of ?decidendi? as being the same
word as ?descend? (one sometimes hears reference to a case?s ratio descendi??
a term that just does not exist). This is incorrect; ?decidendi? is
etymologically related to ?decision,? not ?descend.? But you can see how in a
system based on stare decisis that misconception would arise. The holding,
the ratio decidendi, of a prior case is its central feature from the
point of view of those who come later and are trying to determine ?the
law?; it is what
descends from one case to the next. But to say that the holding descends
does not tell us what a holding is. The true meaning of ?decidendi? provides
a better clue: it suggests that the holding is the basis for the decision, the
thing(s) on which the result turned."
Emory U. Law School: Academic Orientation (at page 18)
http://www.law.emory.edu/academics/orientation/lm.orientation2004.pdf
Of course, the phrase can and is also sometimes informally used to
means the "reason for deciding" in other contexts as well.
Search Strategy:
I recognized the phrase from your description and my research was
focused on finding the most useful definition for you. To do that, I
used the following Google search:
"ration decidendi is OR means"
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I am confident that this is what you are looking for, and I am happy
to be able to give you a prompt answer. If anything is unclear,
please ask for clarification before rating the answer.
markj-ga |
