area of study 1 - key legal terms

Question 1

binding precedent

Answer 1

the legal reason for a decision of a higher court that must be followed by a lower court in the same jurisdiction (court hierarchy) in cases where the material facts are similar

Question 2

precedent

Answer 2

a principle established in a legal case that is followed by courts in cases where the material facts are similar. Precedents are either binding or persuasive.

Question 3

ratio decidendi

Answer 3

the reason for the decision, not the decision itself nor the remedy or sanction. this forms the binding legal principle that is to be applied by all lower courts in the same court hierarchy when considering cases with similar facts.

Question 4

obiter dictun

Answer 4

words by the way, is not part of the decision or reasons, but comments made by the judge. this may act as a persuasive precedent on other courts.

Question 5

persuasive precedent

Answer 5

when the courts are not bound by the precedent, but can choose to follow it or be persuaded by it. a precedent Is persuasive under these circumstances;

• when a court from another state or country established the precedent
• when a lower court set the precedent
• where the same court set the precedent

Question 6

appeal

Answer 6

an application to have a higher court review a ruling made by a lower court

Question 7

government

Answer 7

the ruling authority with power to govern, formed by a political party that holds the majority in the lower house in each parliament