Definitions Flashcards
Judafication
The right or power to administer justice and apply laws
Commodification
The process by which an object or social practice acquires an exchange value or centred meaning
Conciliation
The conciliator (similar to moderator) is a third party that takes a more interventionist approach whereby they help both parties come to a resolution by suggesting ways to solve and help come to a settled agreement
Doctrine of precedent
States that within the hierarchy structure of the English courts the decision of the higher court binds all lower courts
Obiter dicta
‘A statement of way’
This is where the judge may speculate about what their decision would it might have been if the facts of the case had been different
Law report
A record of a judicial statement/decision on a point of law which sets a precedent
Overruling
A court higher up in the hierarchy sets aside a legal ruling established in a previous case
Early neutral evaluation (ADR mechanism)
A neutral professional, typically a lawyer, hears a summary of each party’s cases and gives a non binding assessment of the merits
Mediation
A way of settling disputes. A third party ‘mediator’ helps both parties to come to an agreement that each considers acceptable
ADR
Alternative dispute resolution
MED-ARB
Combination of mediation and arbitration. Where parties come to an agreement through mediation however if that fails then the dispute is referred to arbitration
Expert determination
Where an independent third party whom of which is an expert in the subject matter is appointed to decide the outcome of a dispute. Their decisions are BINDING on the other parties
Ratio decideni
When a judge delivers a judgement in a case. They outline the facts which they find have been proved in evidence then they apply the law to the facts and arrive at a judgement (ratio)
Stare decisis
‘Let it stand’
Ombudsmen
They are independent office holders who investigate and rule on complaints from members of the public about a misadministration in the government + in particular services in both public and private sector
