Jan 19

How to read a judicial verdict based on the facts

There are a number of different elements in a way that the judicial verdict written. Typically, when a judge writes their decisions in cases they examine the facts of this case, the legal issues that the facts of the case are raised, the principles and the relevant legal authorities in which they intend to rely on the judge’s ruling, which means they have applied the law to the facts obtained and conclusions that they have drawn as a result.

This structure for writing judicial verdict allowing them to be analysed in a way that makes case law rational and coherent. Are there elements of the written decision will be referred to a case that part of the descend ratio or reason for the decision and there will be parts that are known as obiter dicta which is part of the judge ‘s reasoning in the case but is not intended to be applied as a broader principle.

Identifying these cases the ratio will not always be easy, but generally involves a significant fact of eliminating the most important facts, and the answer determines precedent ignored or rejected and read the case in light of the interpretation of the case in later decisions. Determining the ratio is no more complicated if no reason is given, or if a different reason given, or if important facts that cannot be separated from is not important. Besides how far one can generalize from any decision is usually a matter of judgment or interpretation.

In fact, in many cases, is not a judgment of the majority, and there are several different judges agreeing regarding this case not agreeing with his judicial brethren. This makes the relationship even more difficult to identify the case, but usually in the writings of most of these cases in which the relationship can be found in the split bench.

Identify the relationship comes after allowing the case to be used as a precedent or ignored as irrelevant to a new set of circumstances. Relationship concept is at the heart of the legal considerations, because the doctrine underlying the equality before the law, which means that the same factual situation should be treated the same way by applying the principles of law.