Judge Made Law Flashcards
1
Q
What is ratio decidendi
A
Reason for a decision
2
Q
What is Stare deceisis
A
To stand by the decision
3
Q
What are the 4 ways a judge may choose to not follow a previous decision of a court higher in their hierarchy.
A
Reverse
Overrule
Distinguish
Disapprove
4
Q
What is statutory interpretation?
A
Laws written by parliament are interpretations by a judge, and this interpretation becomes law.
Parliament writes law to cover a huge range of circumstances so sometimes law can be unclear, and a judge must clarify the law.