Definitions Flashcards
Separation of powers
Idea that the legislative, executive and judicial function should be separated and conducted by different bodies.
Bill
A proposed act of parliament that has not yet received the assent of parliament
Statute law
Legislation tion or act of parliament
Appeal
Request for higher court to review the decision of a lower court
Defendant
Person being sued in a civil case; the person accused of a crime
Binding precedent
Precedent a court MUST follow
Persuasive precedent
Precedent that a court MAY follow
Ratio
Reasons for decision
Obiter
Things a judge says in making a decision
Jurisdiction
The official power to make legal decisions and judgements
Original jurisdiction
A courts power to hear and decide a case before any appellate review
Appellate jurisdiction
The power of a higher court to review decisions and change outcomes of decisions of lower courts
Mediation
When a third person assists in resolving an issue
Constitution
Fundamental legal document of a nation. It sets out the law making powers of governments
Adversarial system
Court system where the judge listens to arguments presented by both sides before deciding which is the better argument
