“The point that decides the case.”
“The principle the case establishes.” (The focus of this definition is on what other judges make of the express ratio of the case. Of course, rationes can be extended, whittled down, or taken at face value. It is largely up to the court. This definition focuses on the actual precedent value of the case).
The rule of law towards which the court argues, upon which its holding is based, and in accordance with which similar cases shall be decided. [ . . . ]Read More