Editing Precedent (section)

=== ''Ratio decidendi'' and ''obiter dicta'' ===
''[[Ratio decidendi]]'' ("the reason for the decision") refers to the key factual element or line of reasoning in a case that forms the basis for the court's final judgment.<ref name=":4">{{Cite web |title=ratio decidendi |url=https://www.law.cornell.edu/wex/ratio_decidendi |access-date=2024-12-01 |website=LII / Legal Information Institute |language=en |quote="Ratio decidendi is Latin for 'rationale for the decision.' The term refers to a key factual point or chain of reasoning in a case that drives the final judgment... Ratio decidendi is the basis for a court decision and creates binding precedent. "}}</ref> It forms the basis for a court decision and creates binding precedent.<ref name=":4" /> This distinguishes it from other parts of a judicial opinion, such as ''[[Obiter dictum|obiter dicta]]'' (non-binding observations or comments).

In contrast, [[Obiter dictum|''obiter dicta'']] ("something said in passing") refers to comments, suggestions, or observations made by a judge in an opinion that are not necessary to resolve the case at hand.<ref name=":5">{{Cite web |title=obiter dicta |url=https://www.law.cornell.edu/wex/obiter_dicta |access-date=2024-12-01 |website=LII / Legal Information Institute |language=en |quote="Obiter dicta is the plural form of obiter dictum, which is Latin for "something said in passing." The term describes comments, suggestions, or observations made by a judge in an opinion that are not necessary to resolve the case, and as such, are not legally binding on other courts but may still be cited as persuasive authority in future litigation. Also referred to as dictum, dicta, and judicial dicta. A dissenting opinion is also generally considered obiter dictum."}}</ref><ref>{{Cite web |title=Obiter dictum {{!}} Legal Definition, Use, & Examples {{!}} Britannica |url=https://www.britannica.com/topic/obiter-dictum |access-date=2024-12-01 |website=www.britannica.com |language=en |quote="obiter dictum, Latin phrase meaning 'that which is said in passing,' an incidental statement. Specifically, in law, it refers to a passage in a judicial opinion which is not necessary for the decision of the case before the court. Such statements lack the force of precedent but may nevertheless be significant."}}</ref> While not legally binding on other courts, such statements may be cited as persuasive authority in subsequent litigation.<ref name=":5" />