Prepare for the ATT Law Exam. Practice with multiple choice questions, each providing hints and explanations. Be well-prepared for exam day!

Multiple Choice

Which statement best contrasts ratio decidendi and obiter dictum?

Ratio decidendi is the binding part of a court’s judgment—the essential legal principle that decides the case and creates precedent for similar future cases. Obiter dictum are remarks made in passing that are not necessary to reach the decision; they express opinions or hypotheticals and do not bind future courts. Because only the ratio is required to decide the case, it binds, while obiter dicta remain persuasive but non-binding. That makes the first statement the best choice: ratio decidendi is binding; obiter dictum is not binding. The other possibilities conflict with how precedent works: treating ratio as non-binding or giving binding force to obiter would blur what actually controls future decisions, or imply both or neither bind, which isn’t correct in common law.

Ratio decidendi is the binding part of a court’s judgment—the essential legal principle that decides the case and creates precedent for similar future cases. Obiter dictum are remarks made in passing that are not necessary to reach the decision; they express opinions or hypotheticals and do not bind future courts. Because only the ratio is required to decide the case, it binds, while obiter dicta remain persuasive but non-binding. That makes the first statement the best choice: ratio decidendi is binding; obiter dictum is not binding. The other possibilities conflict with how precedent works: treating ratio as non-binding or giving binding force to obiter would blur what actually controls future decisions, or imply both or neither bind, which isn’t correct in common law.