COMMON LAW 2 Flashcards
Damage Aggravated :
damages larger than those which the act complained of would normally justify. This is to compensate a plaintiff who has sustained injury which has been aggravated by the motives or conduct of the defendant, or by the circumstances in which the wrong was commited **(ex : slapping someone in the face in public). **
Exemplary damage
to compensate the plaintiff, + to punish the defendant.
Equitable remedies are discretionary, this means that they can be granted or refused as the court in its discretion sees fit, having regard to the requirements of the circumstances.
The Chancellor could issue :
A “decree of specific performance” : the defendant was asked to perform his obligations.
An injunction” an order requiring the person to do or not to do an act so as to redress the wrong done.
A rescission and rectification of contract : right to withdraw from a contract or change the terms of an agreement.
The ‘Doctrine of precedent’
the doctrine of judicial precedent, also known as
the doctrine of ‘stare decisis’(‘let the decisions stand’)
The judge has to find (=prouver) these principles known as
(precedents principes)
‘authority in point’ directly relevant to the case at stake.
He **will therefore seek ** (=cherchera donc à) to make a decision which is consistent (= être cohérent) with the existing principles in that branch of the law, and he/she may, in his turn develop those principles a stage further.
To bind, bound, bound
Pour lier, lier, lier
Stare decisis :
stand by what has been decided
Ratio decidendi
reason for deciding
raison de la décision.
Obiter dicta :
other things said
Binding precedent
(=bind, bound, bound)
a previous (=antérieure) decision which has to be followed
(to bind=lier)
Persuasive decision
a previous decision which does not have to be followed
Original precedent
a decision in a case where there is no previous legal decision or law for the judge to use
Distinguishing
a method of avoiding a previous decision because facts in the present case are different.
facts = cas en espece
Overruling
a decision which states that a legal rule in an earlier case is wrong.
Reversing :
where a higher court in the same case overturns the decision of the lower court.
