Civil Law Flashcards
What is a precedent
A court decision that is followed by another court lower in the hierarchy
What is obiter dictum
A remark made by a judge in passing which is not binding
What is a binding precedent?
Decision of a higher court that must be followed by lower courts in the same hierarchy
What is a persuasive precedent
Decision of another court which is influential but not binding
What is defamation
Written or verbal statements that lower a persons reputation
What is sue
Start civil proceedings against another person
What is a tort
A civil wrong
What is overruling
When a judge of a higher court refuses to follow a decision in an earlier case and creates a new law for a SEPERATE case
What is reversing
When a higher court makes a different decision than a lower court on the SAME case (on appeal)
What is disapproving
When a court expresses its disapproval of a precedent but is bound by it
What is distinguishing
When a court decides that the main facts are SUFFICIENTLY DIFFERENT so a precedent that they thought was binding doesn’t apply
What is statutory interpretation
When a judge clarifies or interprets the laws written by parliament
What are 3 reasons statutory interpretation is required
Mistakes can occur when drafting an act
The meaning of the words may be ambiguous
The act may not include new technology
3 facts of the ciabatta case
Had to be decided wether ciabatta is a bread or biscuit
If it’s a bread it can be sold free of GST
court had to interpret the word bread
4 elements of negligence
- The person who was negligent owed a duty of care to the person injured
- The duty of care was breeched
- The breach of duty of care cause loss or damage
- The wronged persons has suffered loss or damage
