Latin Flashcards
Uberrimae Fidei
Uttermost good faith - disclose all relevant information
Ratio decidendi
the reason for deciding - judgements
Obiter dicta
other things said - judges comments that don’t resolve the case or legally bind other courts
Ex parte
for one party - attorney’s communication with the judge without anyone else there
Ultra vires
beyond the powers - an action that is taken without proper legal authority, which is invalid and can be overturned
Novus actus interveniens
a new intervening act - describes an event that happens after the initial event that breaks the chain of causation
actus reus
the physical act of committing a crime
Mens rea
a person’s mental state when committing a crime (intention)
stare decisis
to stand by things decided - the court should follow a previous judgement to ensure consistency ( binding precedent )
Res ipsa locquitor
the thing speaks for itself - applies in tort law claims when a defendant is assumed to be negligent
De minimis
the minimum level of harm the defendant would need to commit to prove actus reus
Malus prohibitum
Doing something bad because it is prohibited (contextual)
Malus in se
Doing something bad in itself (any context is bad)
