Chapter 5: The Role of the Courts Definitions Flashcards
What is a precedent?
the reasoning behind a court decision. It establishes a principle of law that must be followed by other courts lower in the same hierarchy when deciding on similar future cases
What is stare decisis?
Literally means ‘to stand by what has been decided’ (the process of lower courts following the reasons for decision of higher courts) - can also be persuasive
What is the Ratio decidendi?
the reason for the decision. Binding part of the judgement
What are material facts?
important facts that could affect the outcome of the case and are vital to the reasons for the decision
What is the obiter dictum?
a statement made by a judge in passing, which is not binding and is not part of the ratio decided. But can be persuasive
What is the purposive approach?
involves looking what the Act was intended to achieve when originally passed
What is a binding precedent?
the reason for a decision of a higher court that must be followed by a lower court in the same hierarchy
What is common law?
It is law developed through the courts
What is court hierarchy?
the ranking of the courts in order or importance or jurisdiction
what is ex post fact?
after the act or omission took place - courts make law ex post facto
What is extrinsic material?
material not part of the Act that may assist a judge to interpret the meaning of the words in an Act
What is intrinsic material?
material found within an Act that may assist a judge to interpret its meaning
What is a persuasive precedent?
a reason for a decision of another court that is of persuasive value only, its not binding, but is relevant to the case
What is statutory interpretation?
When judges interpret the meaning of a word or phrase in an Act of parliament
What is distinguishing?
a juge may find there are different material facts between the cases. The court may choose to distinguish its case from the new one, and create a new precedent (the old precedent still exists)
