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In other words, ratio decidendi is a legal rule derived from, and consistent with, those parts of legal reasoning within a judgment on which the outcome of the case depends. It is a legal phrase which refers to the legal, moral, political and social principles used by a court to compose the rationale of a particular judgment .
1. In French-law-based systems, refers to the legal operation, activity, or fact embodied or memorialized by a legal instrument (as opposed to the instrument itself, known as an instrumentum); 2. In German-law-based systems, refers to a transactional act, the main sub-type of legal acts. See also actus iuridicus.
A value judgment (or normative judgement) is a judgment of the rightness or wrongness of something or someone, or of the usefulness of something or someone, based on a comparison or other relativity. As a generalization, a value judgment can refer to a judgment based upon a particular set of values or on a particular value system. A related ...
Suspension of judgment is used in civil law to indicate a court's decision to nullify a civil judgment. Motions to set aside judgments entered in civil cases in the United States district courts are governed by Rule 60 of the Federal Rules of Civil Procedure which opens with the statement, "On motion and just terms, the court may relieve a party or its legal representative from a final ...
Principlism is an applied ethics approach to the examination of moral dilemmas centering the application of certain ethical principles. This approach to ethical decision-making has been prevalently adopted in various professional fields, largely because it sidesteps complex debates in moral philosophy at the theoretical level.
Most traditional moral theories rest on principles that determine whether an action is right or wrong. Classical theories in this vein include utilitarianism, Kantianism, and some forms of contractarianism. These theories mainly offered the use of overarching moral principles to resolve difficult moral decisions. [citation needed]
A compromise verdict is a "verdict which is reached only by the surrender of conscientious convictions upon one material issue by some jurors in return for a relinquishment by others of their like settled opinion upon another issue, and the result does not command the approval of the whole panel", and, as such, is not permitted. [4]
The word "ethics" is "commonly used interchangeably with 'morality' ... and sometimes it is used more narrowly to mean the moral principles of a particular tradition, group, or individual." [ 8 ] Likewise, certain types of ethical theories, especially deontological ethics , sometimes distinguish between ethics and morality.