ratio decidendi

ratio decidendi — 片語

1. the key legal reason a court uses to reach its decision in a case

1.片語C2
釋義

判決理由

判決成立所依據的法律原則

the key legal reason a court uses to reach its decision in a case

例句

The judge explained the ratio decidendi before awarding damages.

法官在裁定賠償前,先說明了這項判決理由。

explain the ratio decidendi before giving the result

Law students underlined the ratio decidendi in the housing case.

法學院學生在那件住宅案件裡劃出了判決理由。

identify the deciding reason in a case

同義詞
  • holding

    common in American legal English for the rule the court actually decided

  • ruling principle

    plain-English paraphrase rather than a fixed technical term

  • legal reasoning

    broader, because it can include comments that are not binding

文法句型

the ratio decidendi

identify the ratio decidendi

follow the ratio decidendi

ratio decidendi of + case

用法筆記

Usually appears in legal writing after the article the, often with verbs such as identify, follow, distinguish, or quote. It names the binding reason that settles the case, not every comment in the judgment.

常見錯誤

The lawyer cited the ratio decidendi for every comment in the judgment.
The lawyer cited the ratio decidendi only for the rule that decided the case.
💡the phrase refers to the ruling reason, not to every remark in the opinion.
The judge wrote a ratio decidendi about lunch costs.
The judge gave the ratio decidendi for the contract issue.
💡use it for the legal point that determines the case, not for an ordinary explanation.